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2025 DAILYLAW 3358 (RAJ)

MUDIT SHARMA S/O SHRI KAMAL BHATRA v. THE STATE OF RAJASTHAN

CW/627/2020 · 2025-01-24

Avneesh Jhingan, Shubha Mehta

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[2025:RJ-JP:3632-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 627/2020 Mudit Sharma S/o Shri Kamal Bhatra, Aged About 37 Years, 348, Mahaveer Nagar-Ii, Maharani Farm, Durgapura Jaipur (Rajasthan) ----Petitioner Versus 1. The State Of Rajasthan, Through Inspector General, Stamp And Registration Department, Ajmer Rajasthan 2. Sub Registrar-II, Collectorate Buildings Jaipur City, Jaipur 3. Punjab National Bank Through Its Senior Branch Officer, Branch - Chaura Rasta, Jaipur 4. International Asset Reconstruction Company Pvt. Ltd., Through Its Managing Director, 104, Ashok Estate, Barakhamba Road, New Delhi- 110001 ----Respondents For Petitioner(s) : Mr.Anurag Shukla For Respondent(s) : Mr.Sandeep Taneja, AAG with Mr.Kartikeya Sharma Mr.Bhag Chand Jain Mr.Pranav Sharma for Mr. Anil Sharma-- HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 24/01/2025 1. This petition is filed seeking quashing of order dated 31.12.2019 passed by Sub-Registrar, Registration and Stamp Department, Jaipur refusing to register the property purchased by the petitioner in the auction. 2. The relevant facts are that the petitioner was a successful bidder of the property auctioned by the Punjab National Bank (for [2025:RJ-JP:3632-DB] (2 of 3) [CW-627/2020] short ‘PNB’) under the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’). The original documents of the property was released to the petitioner and sale certificate dated 12.08.2009 was issued. The petitioner approached the Sub- Registrar, Jaipur for registration of the property. As the needful was not done, the petitioner approached this Court by filing the writ petition, which was disposed of with direction to the respondent to decide representation of the petitioner in accordance with law. The representation was rejected on the ground that no documents have been produced to substantiate that the stay granted by the Debts Recovery Tribunal, Kolkata and the Civil Court, Jaipur is no longer continuing and the sale certificate issued by the PNB needs to be re-validated. 3. Learned counsel for the petitioner submits that for re- validation the petitioner shall have to approach the PNB. Further the petitioner shall produce the documents to satisfy the sub- registrar that there is no stay operating with regard to the property in question. 4. Learned counsel appearing for the PNB on instructions submits that in case the petitioner approaches the Bank, the sale certificate shall be re-validated. 5. In view of the above, the petition is disposed of with direction that the petitioner shall approach the office of sub- registrar, Jaipur within twelve weeks from today with the revalidation certificate along-with the documents to substantiate that there is no interim order operating viz-a-viz the property auctioned. The Sub-Registrar, Jaipur shall decide the issue in [2025:RJ-JP:3632-DB] (3 of 3) [CW-627/2020] accordance with law as expeditiously as possible in the facts of the case but not latter than six month of receipt of the application. (SHUBHA MEHTA),J (AVNEESH JHINGAN),J Monika/14