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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Gopal Bagri – Appellant
Versus
Sub-Registrar, Dolipur, Jajpur Road, Jajpur – Respondent
JUDGMEMT :
A.C. Behera, J.
This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the O.P. No.1 (Sub-Registrar, Dolipur, Jajpur Road in the district of Jajpur) to act on the Letter dated 11.10.2023 under Annexure-5 Series of the petitioner and to correct the entries in the books, so as to note the fact of quashing of the sale notice/sale certificate as per order dated 20.03.2017 under Annexure-2.
2. The case of the petitioner is that, he was the guarantor for the loan incurred by the loanee from O.P. No.3 (Urban Co-Operative Bank Ltd., Cuttack) giving his properties covered under Khata No.380/5 Plot No.748, Ac.0.19 decimals under Sukinda Tahasil in the District of Jajpur and Plot No.747 Ac.0.18 decimals under Khata No.380/105 to the Bank (O.P. No.3) as securities for the said loan of the loanee.
On account of default of payment of loan amount by the loanee, the O.P. No.3 (Urban Co-Operative Bank Ltd., Cuttack) enforced the above secured properties of the guarantor/petitioner under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called as ‘SARF
The duty of the Sub-Registrar to amend land records to reflect quashed sale certificates is affirmed.
The court affirmed that the entry of a Sale Certificate in the local registration office is a statutory requirement for record preservation, not subject to compulsory registration, thereby affirming ....
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.
The main legal point established in the judgment is that the petitioner was not liable to pay deficit stamp duty and registration fees, and the impounding of the registered sale certificate was quash....
Secured creditors under SARFAESI Act have priority over all other debts, including tax attachments, affirming the necessity of registering Sale Certificates in favor of auction purchasers.
The court mandated that sale certificates must be duly entered as per Section 89(4) of the Registration Act, allowing for flexibility regarding stamp duty.
The SARFAESI Act affirms secured creditors' priority over state debts, overturning any conflicting tax attachments regarding sold properties.
The court held that a sale certificate, required to be filed in the local registration office under law, cannot be refused based on a status quo order in a related civil suit involving a non-party.
The court upheld the right to register a Sale Certificate despite prior encumbrances, referencing prior judgment on similar issues.
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