MAYUUR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND 2 OTHERS
WRIC/4768/2024 · 2025-04-04
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140797 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140797 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18793-DB Court No. - 2 Case :- WRIT - C No. - 4768 of 2024 Petitioner :- Mayuur Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 2 Others Counsel for Petitioner :- Gaurav Tripathi,Anadi Kumar Singh,Sridhar Awasthi Counsel for Respondent :- C.S.C.,Praveen Dwivedi Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. On 02.04.2025, the following order was passed:-
"1. Heard.
2. Contrary to the judgment of Hon'ble Supreme Court of India in the case of The Inspector General of Registration & Anr. vs. G. Madhurambal & Anr.; Special Leave to Appeal (C) No.16949/2022 decided on 11.11.2022, the opposite party No.2 is demanding stamp for registration of sale certificate executed by the opposite party No.3-Bank in favour of the petitioner based on an auction sale. Let the Standing Counsel seek instructions as in spite of order dated 27.05.2024 no counter affidavit has been filed.
3. List this case tomorrow i.e. on 03.04.2025.
4. Counsel for the Bank be informed by Counsel for the petitioner about this order."
3. Today, learned Standing counsel has instructions to the effect that in fact the case at hand is covered by decision of Hon'ble the Supreme Court referred in the above quoted order which is annexed as Annexure no.5 to the writ petition, therefore, there is no difficulty in registering the sale certificate especially in view of the Circular dated 05.03.2024 issued by the Inspector General of Registration, however, the Bank is required to provide authenticated copy of the sale certificate to the Sub- Registrar directly. The earlier communication had been returned to the Bank, therefore, in this case, the Bank is required to resend the sale certificate.
4. We, therefore, dispose of this petition with a direction to opposite party no.3 to send the sale certificate to Sub-Registrar, Sarojini Nagar, Lucknow at the earliest say within three weeks
whereupon the Sub-Registrar should proceed to consider its registration in terms of decision of Hon'ble the Supreme Court quoted hereinabove and the Circular dated 05.03.2024, copy of which has been placed before us and is taken on record and registration shall be done, unless there is any legal impediment, immediately on receipt of the sale certificate. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 4.4.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench