Calcutta High Court
Glovi Infracon Llp vs The Inspector General Of Registration & ... on 10 July, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
WP 976/2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
GLOVI INFRACON LLP
Versus
THE INSPECTOR GENERAL OF REGISTRATION & C.S.R. & ANR.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 10th July, 2017.
Mr.Prantik Garai, Adv., for the petitioner.
Mr.Ayan Banerjee, Adv., Mr.Souma Choudhury, Adv., for the State.
The Court : The petitioner seeks registration of an immovable property at the rate declared by it. The learned Advocate for the petitioner submits that, the petitioner has purchased the immovable property in an auction sale conducted under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner had presented the document for registration when the registering authority had wanted the market value of the property concerned.
The State is represented.
The learned Advocate for the States relies upon a judgment and order dated March 3, 2017 passed in WP No.1069 of 2015 (VPH Real Estate Pvt. Ltd. & Anr. Vs. Directorate of Registration & Stamp Revenue, Finance Deptt. & Ors.).
The issues raised in the writ petition is similar to that raised in VPH Real Estate Pvt. Ltd. (supra). The petitioner is liable to pay the market value of the property in respect of the Deed presented for registration. The sale conducted by the Authorised Officer under the Act of 2002 cannot be said to be a sale by the Court to come within the exception of the judgment reported at (2010)3 CHN (Ca) 651 (State of West Bengal Vs.Sati Enclave Pvt. Ltd. & Ors.).
In such circumstances, there is no merit in the present writ petition. WP No.976 of 2016 is dismissed.
No order as to costs.
(DEBANGSU BASAK, J.) sd/