The provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 would override the inconsistent provisions of the H.P. General Sales Tax Act, 1968, and the H.P. Land Revenue Act.

SANJAY KAROL, J. - The petitioners are auction purchasers and have assailed the order dated December 22, 2006 whereby their application for getting the auctioned property mutated in their name in the Revenue record has been rejected and an entry of demand of arrears of sales tax dues of erstwhile owners has been entered into the Revenue record.

The petitioner is a private limited company. Respondent No. 1 is the State of Himachal Pradesh, respondent No. 2 is the Deputy Commissioner, Sirmaur District at Nahan, respondent No. 3 is the Tehsildar, Nahan, respondent No. 4 is the Secretary (Excise and Taxation), Government of Himachal Pradesh, respondent No. 5 is the Excise and Taxation Officer, Nahan and respondent No. 6 is State Bank of Patiala (hereinafter referred to as, "the bank").

Brief facts necessary for adjudicating the controversy in the present writ petition are as under :

For various loans/advances received from respondent No. 6 - Bank, Eastman Rubber and Eastman Tread (hereinafter referred to as, "the borrower") mortgaged their property comprising Khasra No. 254/2/1, Khatauni No. 7 min, 13 min, measuring 3 bighas 7 biswas, situated at Mauza Moginand, Tehsil Nahan, District Sirmaur, Himachal Pradesh (hereinafter referred to as, "the property"). Due to various defaults on account of repayments the bank classified their account as Non-Performing Asset (NPA) in its books and in terms of section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, "the Act") served a notice asking the borrower to make good the payment and regularise the account. Further, another notice under section 13(4) of the Act, intending to take over the property, was issued to the borrower and the possession of the assets, i.e., the property was in fact taken over on October 7, 2004. In exercise of its rights and powers under the Act, the bank put the property to auction vide public notice dated December 17, 2004 and in an open auction held on January 18, 2005, the petitioner being the highest bidder for a sum of Rs. 50,01,000 was declared as a successful auction purchaser on which date itself part payment was made and the bid was accepted. The entire bid amount was also paid within the stipulated period of time. In accordance with the provisions of rule 9(6) and (10) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to, "the Rules"), sale certificate was issued on July 21, 2005 to the following effect :

"receipt of the sale price in full and handed over the delivery and possession of the scheduled property. The sale of the scheduled property was made free from all encumbrances known to the secured creditor listed below on deposit of the money demanded by the undersigned."

On February 24, 2006 itself the bank informed all the concerned authorities including the Superintending Engineer, HPSEB, District Sirmaur at Nahan; Labour Inspector, District Sirmaur at Nahan; office of the respondent No. 4; AETC and Excise and Taxation Department, Nahan, Sales Tax Officer, District Sirmaur at Nahan; the Deputy Commissioner, District Sirmaur at Nahan, the Assistant Collector (Tehsildar) - respondent No. 3, Land Revenue Department, District Sirmaur at Nahan, about the sale of the property to the petitioner to the following effect :

"In accordance with the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 (No. sic) and in the exercise of powers conferred under section 13 read with rule 9 of the Security Interest (Enforcement) Rules the abovementioned property was subsequently sold by bank through tendering process to A.J. Infrastructure Pvt. Ltd., on receipt bank and final payment from them vide sale certificate ARB/879 dated July 21, 2005. The property mentioned above was sold free from all the encumbrances."

Vide letter dated March 7, 2006, the petitioner also reque