A sale certificate issued after an auction sale must be filed in Book 1 by the Sub-Registrar without refusal, as it does not require registration under the Registration Act.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner- company praying for quashing the letter No.948 dated 21.12.2024 of Sub-Registrar, Barchana (Opp. Party No.1) & letter No.3744 dated 31.07.2018 of Collector and District Magistrate, Jajpur (Opp. Party No.4) and to direct the Sub- Registrar, Barchana (Opp. Party No.1) and IGR, Odisha, Cuttack (Opp. Party No.2) to make an Entry to the Certificate of Sale dated 20.11.2024 issued by the State Bank of India, Stressed Asset Management Branch-II (Opp. Party No.5) in Book 1 of its Sub-Registrar’s office as per Section 89(4) of the REGISTRATION ACT , 1908.

2. The factual backgrounds of this writ petition, which prompted the petitioner-company for filing of the same is that, one M/s Sabitri Industries Pvt. Ltd. had incurred loans from Opp. Party No. 5 (SBI Stressed Asset Management Branch-II) and due to default in payment of loan dues of the Opp. Party No.5-Bank by the loanee-M/s. Sabitri Industries Pvt. Ltd. the secured assets of the said loan i.e. landed properties indicated specifically in the Para No.4 of the writ petition were put to public auction as per law and the petitioner was the highest bidder of the said auction amongst other participants of that auction sale and paid the auctioned money and purchased the properties indicated in Para No.4 of this writ petition. So, as per law, the Opp. Party No. 5-Bank issued copy of Certificate of Sale on dated 20.11.2024 containing the said properties to the Sub-Registrar, Barchana (Opp. Party No. 1) for making an entry thereof in Book 1 of its office as per section 89(4) of the REGISTRATION ACT , 1908, but as per letter No.948 dated 21.12.2024, the Sub-Registrar, Barchana (Opp. Party No.1) refused to make entry to the copy of the said sale certificate in Book 1 of its office on the basis of the Letter No.3744 dated 31.07.2018 of the Collector and District Magistrate, Jajpur (Opp. Party No.4), as the Collector and District Magistrate, Jajpur (Opp. Party No.4) had stated in that letter that, the transfer of the properties involved in the copy of the sale certificate has been stopped due to the non-payment of some outstanding dues by the loanee-company i.e. M/s. Sabitri Industries Private Limited. For which, without getting any way, the petitioner being the auction-purchaser of the properties involved in the sale certificate filed this writ petition against the Opp. Parties praying for quashing the letter No.948 dated 21.12.2024 (Annexure-9) of Sub-Registrar, Barchana (Opp. Party No.1) & letter No.3744 dated 31.07.2018 (Annexure-9) of Collector and District Magistrate, Jajpur (Opp. Party No.4) and to direct the Sub-Registrar, Barchana (Opp. Party No.1) and IGR, Odisha, Cuttack (Opp. Party No.2) to make an entry to the properties covered in the copy of sale certificate dated 20.11.2024 issued by the authorized officer of the State Bank of India, Stressed Asset Management Branch-II (Opp. Party No.5) in Book 1 as per Section 89(4) of the REGISTRATION ACT , 1908.

3. All the Opp. Parties have filed their respective counter affidavits. The Opp. Party No.5 has supported the case of the petitioner-company.

4. I have already heard from the learned Senior Counsel for the petitioner, the learned Standing Counsel for the Opp. Party Nos.1 to 4 and the learned counsel for the Opp. Party No.5.

5. Analyzing the provisions of law envisaged in Section 89(4), 17(2)(xii) of the REGISTRATION ACT , 1908 along with the provisions of The Securitization and Reconstruction