IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 09.01.2025 RAM PARKASH SHARMA AND OTHERS … Petitioner (s)

Versus STATE OF HARYANA AND OTHERS ... Respondent(s)

CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MS. JUSTICE DEEPAK MANCHANDA Present: Ms. Puja Chopra, Advocate for the petitioner(s).

Mr. Anant Kataria, DAG, Haryana.

Mr. Gaurav Goel, Advocate for the respondent/Bank. Mr. Rahul Garg, Advocate for respondents No.6 & 7.

ANUPINDER SINGH GREWAL, J. (ORAL)

The petitioners are seeking a direction to the respondents to enter the sale certificate dated 27.02.2023 (Annexure P-1) in Book No.1 under Section 89 (4) of the Registration Act, 1908, without insisting on registration of the sale certificate under the Registration Act /payment of stamp duty.

Learned counsel for the petitioners submits that the petitioners are the successful auction purchaser and have paid the entire amount as per the terms and conditions of the auction. Learned counsel further submits that through this petition, petitioners have raised their grievance, that though the sale certificate has been issued but the same has not been entered by the revenue authorities in Book No.1 and they are insisting on registration of the sale certificate under the Registration Act and payment of stamp duty. She has relied upon the judgments of the Supreme Court in the cases of The State of Punjab and another Vs. M/s Ferrous Alloy Forgings P. Ltd. & Others, Civil Appeal No.12527 of 2024, decided on 19.11.2024, M/s Esjaypee Impex Private Limited Vs. Asst. General Manager and Authorized Officer Canara Bank, 2021 (11) SCC 537 and Hariom Sharma and Others Vs. State of Haryana and others, SLP (Civil) Diary No.46851/2024, decided on 02.12.2024.

Heard.

As per submissions made, the petitioners have paid a sum of Rs.96 lakhs and the sale certificate is stated to be issued to the petitioners on 27.02.2023 along with possession receipt dated 27.02.2023. No objection certificate was also issued on the same date. The petitioners are only seeking direction to the revenue authorities to enter the sale certificate in Book No.1.

It is trite that once sale certificate has been issued and brought to the notice of the revenue authorities the same is required to be entered in Book No.1. Reference can be made to the recent judgments of the Supreme Court in the cases of The State of Punjab and another Vs. M/s Ferrous Alloy Forgings P. Ltd. & Others (supra) and M/s Esjaypee Impex Private Limited Vs. Asst.

General Manager and Authorized Officer Canara Bank, (supra). The relevant extract of the judgment in the case of The State of Punjab and another Vs. M/s Ferrous Alloy Forgings P. Ltd. & Others (supra) is reproduced hereunder:

“17. The position of law is thus settled that a sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration under Section 17(1) of the Registration Act. It is not the issuance of the sale certificate which transfers the title in favour of the auction purchaser. The title is transferred upon successful completion of the sale and its confirmation by the competent authority after all the objections against the sale have been disposed of.

18. Recently, a three-Judge Bench of this Court in M/s Esjaypee Impex Private Limited v. The Asst. General Manager and Authorized Officer Canara Bank reported in (2021) 11 SCC 537 observed that the mandate of law that flows from a combined reading of Sections 17(2) (xii) and 89(4) of the Registration Act respectively is that the auction purchaser is entitled to receive the original sale certificate and a copy of the same is required to be forwarded to the Sub- Registrar for the purpose of filing in Book 1 as per the Registration Act.

19. In Inspector General of Registration and Another v.

G. Madhurambal and Another reported in 2022 SCC Online SC 2079, a two- Judge Bench of this Court observed that the consistent position of law