Signed by: SASANKA SEKHAR SATAPATHY v. Inspector General, Registration, Cuttack & Ors.

Petitioner Ms. Soma Patnaik, Advocate -versus- Inspector General, Registration, Cuttack and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.1 and 2) CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 09.01.2024

This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for a direction to Opposite Party No.3-District Sub-Registrar (DSR), Cuttack to make entry of the sale certificate in Book No.1 pursuant to the notification dated 28th December, 2023 issued by the Revenue and Disaster Management Department, Government of Odisha.

It is submitted by Ms. Patnaik, learned counsel for the Petitioner that the Petitioner is an auction purchaser of the property in question pursuant to the auction held by Punjab National Bank under the provisions of the SARFAESI Act, 2002 and Rules framed thereunder. Pursuant to the direction of this Court in Sebati Tudu Vs. Authorised Officer, Indian Overseas Bank, Bhubaneswar [W.P.(C) No.9307 of 2022] and Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Jan-2024 20:11:08 // 2 // M/s Padmaprabhu Commodity Trading Private Limited Vs. State and others [W.P.(C) No.13376 of 2023], the Government of Odisha issued aforesaid notification holding as under:- “3. The Hon’ble High Court in WP(C) 9307 of 2022- Sebati Tudu vrs. Authorised Officer, Indian Overseas Bank, Bhubaneswar and in WP(C) 13376 of 2023-M/s Padmaprabhu Commodity Trading Private Limited vrs. State and others has passed orders in the aforesaid ratio.

The Law Department has been consulted in the matter. The Law Department has advised that the Registering authority is to make necessary entries in Book-1 on production of sale certificate issued by the authorized officer without registration and payment of stamp duty and registration fees thereof.”

3.1 In view of the above, Ms. Patnaik, learned counsel for the Petitioner submits that the sale certificate was presented by the Chief Manager, Punjab National Bank before the District Sub-Registrar, Cuttack for making an entry in the sale certificate in Book-1 under Section 89 of the Registration Act, 1908 without insisting upon payment of registration fee/stamp duty, but the District Sub-Registrar is not accepting the same. Hence, this writ petition has been filed.

4. Mr. Mishra, learned ASC submits that in view of the notification as stated above, registration of the sale certificate is not necessary and the same has to be entered in Book-1 without insisting upon registration fee/stamp duty.

Accordingly, it is directed that if the sale certificate is presented from the proper custody before the District Sub- Registrar, Cuttack for entry in Book-1 along with certified copy of this order, the same shall be considered in accordance with Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Jan-2024 20:11:08 // 3 // law in consonance with the notification dated 28th December, 2023 as stated above as expeditiously as possible, preferably within a period of three weeks therefrom.

With the aforesaid direction, the writ petition is disposed of. Issue urgent certified copy of the Order on proper application. s.s.satapathy (K.R. Mohapatra) Judge