Allahabad HC Summons Ghaziabad DM For Violating Division Bench Order To Register Sale Certificates, Issuing Demand Notice Of Over ₹14 Crores

The petitioner had earlier approached the High Court seeking a direction to the authorities under the Registration Act, 1908, to file the sale certificate issued to the petitioner by DRT in Book No.-1, under Section 89(4) of the Registration Act.

The plea was decided with a bunch of similar cases, where the Division Bench of the High Court had observed that despite the issuance of sale certificates in favour of the petitioners, the same had not been registered in Book-1.

Though the Court was inclined to impose heavy costs on the authorities, upon assurance by the Standing Counsel that all such certificates would be filed within 15 days, the Court left the authorities with a warning.

The Inspector General of Registration was directed to issue necessary administrative instructions to avoid any further fruitless litigation.

Counsel for the petitioner argued that the sale certificate by the Debt Recovery Tribunal ought to have been filed in Book-1 by the authorities.

However, it was pleaded that instead of filing the sale certificates as per the order of the Division Bench, the authorities had issued a notice demanding stamp duty of more than Rs. 14 crores be paid for filing the sale certificate in Book-1.

It was argued that under Section 89 of the Registration Act, the authority is bound to file the sale certificate issued by a Court in his Book-1 and that there is no mention of payment of stamp duty prior to such registration.

Noting that the Standing Counsel for the State could not answer as to why the notice demanding stamp duty was issued despite the order of the Division Bench directing registration of sale certificates, Justice Piyush Agrawal ordered the presence of the District Magistrate, Ghaziabad.

Counsel for Petitioner: Astha Misra, Avneesh Tripathi