This writ petition has been filed by the petitioner praying for issuance of a writ of Certiorarified Mandamus, to call for the records relating to the Impugned Notice dated 24.07.2015 issued by the 2nd respondent and to quash the same and consequently to direct the 2nd respondent to register and return the Sale Certificate issued by the State Bank of India, dated 06.05.2015.

2. The case of the petitioner is that the State Bank of India, Coimbatore, had issued a sale notice dated 10.02.2015 under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short SARFAESI Act), for selling the properties in auction which were charged to them by their borrowers. In the auction, the petitioner participated and tendered a sum of Rs.6,55,00,000/-, after complying with the payment of Earnest Money Deposit. The petitioner was declared as the successful bidder. The petitioner paid the balance sale consideration of Rs.6,48,45,000/- after deducting 1% TDS. On receipt of the complete sale consideration, the State Bank of India issued a Sale Certificate under Rule 9(6) of SARFAESI Act, after confirming the sale, in favour of the petitioner. The said Sale Certificate was presented by the petitioner for registration and he paid the Stamp Duty of Rs.32,75,000/-. The petitioner calculated the stamp charges as per Article 18 of the Indian Stamp Act. But, the 2nd respondent is demanding a sum of Rs.13,10,000/- as additional Stamp Charges. It is the case of the petitioner that the said property was purchased by the petitioner in a public auction for a sum of Rs.6,55,00,000/- and the Sale Certificate is to be registered by paying a Stamp Duty at the rate of Rs.5/- for every Rs.100/- and therefore, the amount of Rs.32,75,00,000/- is the correct stamp charges and the petitioner need not pay the differential amount of Rs.13,10,000/- as demanded by the 2nd respondent. The Sale Certificate issued under SARFAESI proceedings will have the stamp duty payable under Article 18 r/w Article 23 of the Stamp Act, on the sale price fixed in the Sale Certificate. Hence, the petitioner has come forward with the present petition for the relief as stated supra.

3. The 2nd respondent filed a counter, inter alia, stating that the Sale Certificate dated 06.05.2015 issued by the State Bank of India, Coimbatore, in favour of the petitioner, was presented before the 2nd respondent for registration on 24.07.2015 and as the said document was not duly stamped to its face value, it was kept pending under Rule 28(ii) of the Registration Rules and the same was intimated to the petitioner. Article 18 of the Indian Stamp Act has no application to the subject Sale Certificate, since it relates to the Sale Certificate granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or any other Revenue Officer. The Bank Officials are not Revenue Officers as envisaged under Article 18 of the Indian Stamp Act. One of the foremost object of the SARFAESI Act is to take possession of the Securities and sell them. Section 2(h) of the SARFAESI Act empowers the Bank to take possession of the property and sell the same. Such being the statutory position, the subject Sale Certificate is nothing but a sale as defined under Section 54 of the Transfer of Property Act. The recitals in the sale certificate itself would make it explicit that the petitioner herein has been put in possession of the property for the price paid by him. The Certificate of Sale does not require registration. But, if it is presented for registration, it has to be duly stamped under Article 23 of the Indian Stamp Act, 1899. The 1st respondent has in unequivocal terms concluded in his Proc.No.25052/C2/2011, dated 14.09.2011 and 52070/C2/2011, dated 27.10.2011 that such certificate of sale should be classified as Sale under Article 23 o