Madhya Pradesh High Court
Avinash Sethi vs Recovery Officer I on 21 February, 2025
Author: Pranay Verma
Bench: Pranay Verma
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 21 st OF FEBRUARY, 2025
WRIT PETITION No. 29122 of 2024
AVINASH SETHI
Versus
RECOVERY OFFICER I AND OTHERS
Appearance:
Shri Yaswardhan Tiwari - Advocate for the petitioner.
Shri Vashistha Narayan Dubey, learned counsel for the respondent No.3.
ORDER
1 . This petition under under Article 226 of the Constitution of India has
been preferred by the petitioner claiming the following reliefs :-
"A. Issue a writ in the nature of mandamus, and/or any other
appropriate writ, order or direction to respondent No.1 to forward copy
of sale certificate dated 28/8/2020 revalidated on date 22/3/2024
(Annexure P/2) to respondent No.2.
B. Issue a writ in the nature of mandamus, and/or any other
appropriate writ, order or direction to respondent No.2 to enter the copy
of sale certificate so received along with appropriate memorandum in
FORM-A as required by FORM-A as prescribed by the Rule 3 of the
filing of true copies of documents and notices in the Registration Book
Rules, 2010.
C. Pass any order or orders as this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case."
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2. As per the petitioner in proceeding instituted by respondent No.3 - Bank
vide O.A.No.237/2006 under Section 19 of Recovery of Debts Due to Banks and
Financial Institutions Act, 1993, the Debt Recovery Tribunal issued recovery
certificate on 31/3/2018 pursuant to which the properties of the judgment debtor
were put to auction. The petitioner was declared as the successful bidder in the
auction and a sale certificate was drawn in his favour on 28/8/2020. The said
certificate was thereafter revalidated on 22/3/2024 and further on 7/4/2024.
3. It is submitted by the learned counsel for the petitioner that the said
certificate is required to be forwarded to the concerned Registrar Office for the
purpose of the same being entered in Book No. 1. The grievance is that the
respondent No.1 the Recovery Officer of the Debt Recovery Tribunal is not taking
necessary action despite issuance of a legal notice dated 2/7/2024 to him
requesting to complete the legal formalities.
4. As per Section 89(4) of the Registration Act, 1908 and 89-A inserted by
registration (M.P. Amendment) Act, 2009 the respondent No.1 is duty bound to
send a copy of sale certificate to the Registrar Office having jurisdiction. The said
provision is as under :-
"89. Copies of certain orders, certificates and instruments to be
sent to registering officers and filed.-................
(4) Every Revenue-officer granting a certificate of sale to the
purchaser of immovable property sold by public auction shall send a
copy of the certificate to the registering officer within the local limits of
whose jurisdiction the whole or any part of the property comprised in
the certificate is situate, and such offer shall file the copy in his Book
No.1.
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Section 89-A inserted by Registration (M.P. Amendment) Act,
"89-A. Copies of Court decrees, sale certificates by Competent
Authority, attachment orders, written demands under Revenue
Recovery Act to be sent to Registering Officers and filed in register.-
......
------(2) Every officer issuing a sale certificate or a written
demand before the attachment of the immovable property of a defaulter
under the provisions of any law relating to revenue recovery for the
time being in force including the Revenue Recovery Act, 1890 (No. 1
of 1890) shall---
( a ) send a copy of such scale certificate or written demand
together with a memorandum describing the property, as far as may be
practicable, in accordance with the provision of Section 21;
(b) where such written demand is withdrawn or attachment of
property is lifted or the property is sold and sale is confirmed, send a
memorandum indicating that fact and describing that property, as far as
may be practicable, in accordance with the provision of Section 21,
to the Registering Officer with the local limits of whose
jurisdiction the whole or any part of the immovable property which the
written demand relates is situate and such Registering Officer shall file
a copy of the written demand and the memorandum in his Book No. 1:
Provided that where the immovable property is situated within
the local limits of the jurisdiction of more than one Registering Officer,
the procedure specified in clauses (a) and (b) of sub-section (2) shall be
followed in respect of the property within the jurisdiction of each of
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such officers."
5. If a sale certificate has been issued in favour of the petitioner which has
been revalidated from time to time and is still in force, then there is no reason
whatsoever for respondent No.1 to keep the same with himself and not forward the
same to the Sub Registrar, respondent No.2, for taking action in accordance with
law. In such circumstances, it is directed that respondent No.1 shall duly advert to
the legal notice dated 2/7/2024 of the petitioner and shall forward the sale
certificate to respondent No.2 for doing needful in the matter in case there is no
legal impediment for the same. In case of legal impediment a speaking order be
passed. Let the same be done within a period of 30 days from the date of receipt of
certified copy of this order.
6. With the aforesaid direction, petition stands disposed off.
(PRANAY VERMA)
JUDGE
SS/-
