Jharkhand High Court
Shiv Prasad Mehta vs The State Of Jharkhand on 24 June, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:16764
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1592 of 2025
------
Shiv Prasad Mehta, son of Lt. Birbal Prasad Mehta, resident of Jamuari, P.O. & P.S.
Ichak, District Hazaribagh .... .... .... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Department of Land, Revenue and Registration,
Government of Jharkhand having its office at Project Building, P.O. & P.S.
Dhurwa, District Ranchi
3. The Deputy Commissioner, Bokaro, P.O., P.S. & District Bokaro
4. The District Sub Registrar, Bokaro, P.O., P.S. & District Bokaro
5. The District Sub Registrar, Tenughat, P.O. & P.S. Tenughat,
District Bokaro
6. Circle Officer, Kasmar, P.O. Ponda, P.S. Kasmar, District Bokaro
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. P.A.S. Pati, Advocate
For the State : Mr. Baibhav Gahlaut, AC to AAG V .
------
Order No.03 / Dated : 24.06.2025
Instant writ petition has been filed under Article 226 of the Constitution
of India for direction upon respondent nos.3 - 5 to enter the details of the sale
certificate dated 09.12.2020 in Book No.1 (as per Section 89 of the Registration Act)
of the office.
2. Petitioner is an auction purchaser of the property consisting of
Commercial Land at Mauza Kamalpur (NH 23), P.S. Kasmar, District Bokaro, Plot
Nos.437 & 442, Khata No.39/147, Thana No.76, Touzi No.28, Khewat No.1, Area
140 Decimals, Sale Deed No.668/663 dated 29.04.1997. The said purchase was
made in pursuant to the public e-auction scheme conducted on 24.08.2020 by the
Punjab National Bank and after the said purchase, the entire bid amount was
deposited and sale certificate was issued in favour of the petitioner on 09.12.2020
and petitioner received the possession of the said property.
3. The main grievance of the petitioner is that the Punjab National Bank
through its e-mail dated 07.06.2024, moved before respondents to enter the details
of auctions sale in Book No.1, on which no final decision has been taken till date.
4. It is contended that mandate of law under Section 89 of the Registration
Act is that in case of auction sale, every officer granting a loan under Land
Improvement Loans Act, 1883, shall send a copy of his order to his Registering
Officer with the certificate of sale of immovable property and shall file the copy of
such certificate in Book No.1.
2025:JHHC:16764
5. It is argued that law has been settled by the Hon'ble Supreme Court in
2022 SCC OnLine SC 2079; The Inspector General of Registration & Another Vs. G.
Madhurambal & Another, wherein it has been held as under: -
It is logically so as this issue has been repeatedly settled and if one may say, a consistent
view followed for the last 150 years. We may refer to the judgments by the Madras High
Court in the Board of Revenue No. 2 of 1875 (In Re : Case Referred) dated 19.10.1875
opining that a certificate of sale cannot be regarded as a conveyance subject to stamp duty, by
the Allahabad High Court in Adit Ram v. Masarat-un-Nissa1 opining that a sale certificate is
not an instrument of the kind mentioned in clause (b) of Section 17 of Act III of 1877 and is
not compulsorily registrable and this Court's view in Esjaypee Impex Pvt. Ltd. v. Asst.
General Manager and Authorised Officer, Canara Bank2 opining that the mandate of law in
terms of Section 17(2)(xii) read with Section 89(4) of the Registration Act, 1908 only
required the Authorised Officer of the Bank under the SARFAESI Act to hand over the duly
validated Sale Certificate to the Auction Purchase with a copy forwarded to the Registering
Authorities to be filed in Book I as per Section 89 of the Registration Act and order of this
Court in M.A. No. 19262/2021 in SLP(C) No. 29752/2019 dated 29.10.2021 opining that
once a direction is issued for the duly validated certificate to be issued to the auction
purchaser with a copy forwarded to the registering authorities to be filed in Book I as per
Section 89 of the Registration Act, it has the same effect as registration and obviates the
requirement of any further action.
It is time that the authorities stop filing unnecessary special leave petitions only with the
objective of attaining some kind of a final dismissal from this Court every time. Costs this
time has been spared but will not be spared the next time.
The needful be done in terms of the impugned judgment(s) within 15 days from today.
6. It has also been held in W.P.(C) No.5642 of 2023 that in case of auction
sale of property by Banks, under Insolvency and Bankruptcy Code, 2016, the stamp
duty will not apply.
7. Under the circumstance and in view of the settled law, respondent no.5-
District Sub Registrar, Tenughat is directed to proceed as per law on
communication received by the Punjab National Bank on 07.06.2024 regarding
making requisite entry in Book No. 1 within 15 days from the date of
receipt/production of copy of this order.
Writ Petition is accordingly, disposed of. Interlocutory Application, if
any, is disposed of.
(Gautam Kumar Choudhary, J.)
Anit
