ASHOK KUMAWAT Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the action on the part of the District Registrar (Registration) in not registering the document in respect of title submitted by the petitioner.

(2.) The petitioner's contention is that he has purchased the property in question in a public auction conducted by State Bank of Indore under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002') by paying a consideration of Rs.6,05,000/- and accordingly the documents were presented before the District Registrar (Registration). THE grievance of the petitioner is that the District Registrar has not registered the documents in question and on the contrary, proceedings have been initiated under Section 47-A of the Indian Stamp Act, 1899 by the Collector of Stamps. THE petitioner has relied upon a judgment delivered In the case of V.N. Devadoss Vs. Chief Revenue Control Officer-Cum-Inspector and others, 2009 7 SCC 438 and his contention is that the market value of the property is, in fact, the value on which the property has been purchased by the purchaser and, therefore, the question of paying more stamp duty does not arise.

(3.) In the present case, the petitioner before this Court in response to a notice published in Dainik Bhaskar on 12.11.2009 by the State Bank of INdore under the provisions of the Act of 2002 has submitted a tender and in public auction he has offered a sum of Rs.6,05,000/- and the bid of the petitioner being the highest bid was accepted by the State Bank of INdore and thereafter the sale certificate was issued as contained in Annex- ure P/2 dated 29.12.2009. The petitioner keeping in view the provisions of the INdian Stamp Act, 1899 has deposited stamp duty to the tune of Rs.57,475/- and has submitted the documents for registration before the District Registrar (Registration) at INdore on 5.1.2010. IN the present case, the reply of the 'State Government reveals that the Collector of Stamps has initiated proceedings under Section 47-A of the Stamp Act, 1899 and the proceedings are still pending. Learned counsel for the petitioner has relied upon the judgment delivered by the apex Court in the case of V.N. Devados and paragraphs 13, 14, IS, 16 & 18 of the said judgment read as under:-