ORDER :

This petition is filed under Article 226 of the Constitution of India seeking to declare the action of the Respondent Nos. 2 and 3 i.e., the District Registrar, Vijayawada and the Sub-Registrar, Jaggaiahpet in refusing to receive, register the Sale Certificate dated 14.06.2021 presented by the petitioner in respect of land in R.S.No.86 situated in Ravikampadu Village, Sharemahammadpeta Panchayat, Jaggaiahpet Mandal, Krishna District admeasuring 13.229 Acres along with the buildings constructed with plinth area of 110169 Sq. ft. as illegal, arbitrary and consequently, to direct the 3rd respondent-Sub-Registrar to receive and register the Sale Certificate dated 14.06.2021 presented by the petitioner in respect of said land.

2. As per the averments made in the writ petition, the petitioner is a private limited company incorporated under the Companies Act, 1956 and is inter alia engaged in the business of manufacturing man made yarns and other allied products. The petitioner-Company has purchased the land admeasuring 13.29 acres and constructed buildings with plinth area of 110169 Sq Ft standing in the name of M/s Spads Textiles Limited Land and Buildings of a Spinning Mill Unit on land bearing R.S.No. 86 of Ravikampadu Village, Krishna District in the auction conducted by the National Company Law Tribunal, Hyderabad in I.A. No. 432 of 2018 in CP(IB).171/9/HDB/2018.

3. The petitioner has participated in the auction conducted by the National Company Law Tribunal, Hyderabad Bench by exercising the powers under Section 35 of Insolvency and Bankruptcy Code, 2016 read with Regulation 32 of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulation, 2016 under which the land in R.S.No. 86 situated in Ravikampadu Village, Sharemahammadpeta Panchayat, Jaggaiahpet Mandal, Krishna District admeasuring 13.229 Acres along with the buildings constructed with plinth area of 110169 Sq. ft. Accordingly, the petitioner Company has participated in the said auction conducted on 15.03.2021 and stood as the highest bidder for amount of Rs.6,09,40,200/-. Thereafter, Sale Certificate was issued to the petitioner on 14.06.2021 by liquidator of the 4th respondent and the petitioner has been in peaceful possession of the said property. Subsequently, the petitioner approached the 3rd respondent for registration of the said land in its name and presented the document for registration, but the 3rd respondent refused to register the document in favour of the petitioner unless the petitioner pays the registration charges of the market value of the land and not on the value of the sale certificate.

4. Upon the refusal, the petitioner has made a representation to the 2nd respondent-District Registrar on 07.06.2002, that the petitioner is ready to pay the stamp duty on the value of the Sale Certificate and that the registration charges as per the market value as demanded by the respondent Nos.2 and 3 is not required to be paid by the petitioner. It was also brought to the notice of the 2nd respondent with respect to the order passed by this Court in W.P. No. 15400 of 2018 wherein this Court has held that, the properties purchased under the open auction conducted by a court or officer authorized by court and does not require registration. But the respondents 2 and 3 refused to receive the document for registration.

5. The petitioner has purchased the property in the public auction conducted by the National Company Law Tribunal, Hyderabad in the liquidation proceedings, which ought to have been accepted by the respondent Nos. 2 and 3 for registration and the sale certificate is a non-testamentary instrument as per the provisions of Section 17(1)(b) of the Registration Act, 1908 which creates, assigns, declares the right, title and interest in the said property in favour of the petitioner. Thus, the action of the respondents in refusing to register the sale certificate presented by the petitioner for registration is arbitrary, illegal.

6. On the iden