1 J V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY f TWO THOUSAND AND TWENTY FIVE mi ^il \‘ t .r : * PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31253 OF 2024 Between: M/s. S.S. Engineers And Consultants Pvt Ltd Director, Kirti Kumar Jain Kothari, s/o. Kantilal Jain, Business years, D.No.30-6-18, Besta Veedhi, Raj amahendravaram Godavari District. Rep. by its Managing Aged 46 East ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Stamps Registration Department, Secretariat, Velagapudi, Guntur District. 2. The District Registrar, East Godavari District, Rajamahendravaram. 3. The Sub Registrar, Sub Registrar Office, Rajanagaram. East Godavari District. 4. Union Bank of India, Asset Recovery Brach, Rep by Officer, Andhra Bank Buildings, Seethammadhara Andhra Pradesh. and its Authorized Visakhapatnam, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action on the part of the Respondent no.3 in not accepting and admitting for registration of the Sale Certificate dt. 19-11-2024 for Rs.3,07,10,000/- executed by Respondent no.4 in favour of Petitioner in the E-auction conducted on 13-09-2024 under SARFAESI Act in respect of the property i.e., all that the land and Factory building, in an extent of Ac.2.00cts existing in R.S.No.74/2A, 2/3B out of the full extent of Ac. 14.09cts, situated in Bhupalapatnam Village, East Godavari District Andhra Pradesh, on the ground that the Petitioner shall pay the stamp duty on Rs.4,74,20,070/- which is the market value as per the SRO Value, despite several requests made by the Petitioner and the letter dt.09-12-2024, to accept and register the Sale Certificate for the auctioned sale price of Rs.3,07,10,000/-, but still not accepting the which is nothing but arbitrary, unlawful, unreasonable, and against the decided preposition of law by this Honble Court in W.P.No. 15400 of 2018 and W.P.No.20142 of 2021 dt. 14-09-2021, which were confirmed in W.A.No.17 of 2022 and W.A.No.22 of 2022, consequently directing Respondent no.3 to Receive and Register the Sale Certificate dt. 19-11-2024 executed by Respondent No.4 in favour of Petitioner under SARFAESI Act. same dt. 18-10-2022, by lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Grant Interim Orders of Direction directing the Respondent No.3 to Receive and Register the Sale Certificate dt. 19-11-2024 the Respondent no.4 in favour of Petitioner as per the value mentioned therein, pending disposal of the writ petition. executed by Counsel for the Petitioner(s): SRI P.RAJESH BABU Counsel for the Respondents Nos.1 to 3: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.4: The Court made the following: ORDER APHC010596042024 i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) '■r ■ u THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31253/2024 Between: 1.S.S. ENGINEERS AND CONSULTANTS PVT LTD, REP. BY ITS MANAGING DIRECTOR, KIRTI KUMAR JAIN KOTHARI, S/0. KANTILAL JAIN, BUSINESS, AGED 46 YEARS, D.NO.30-6-18, BESTAVEEDHI, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT REGISTRAR, EAST GODAVARI DISTRICT, RAJ AMAHENDRAVARAM. RAJ ANAGAR 3.THE SUB REGISTRAR, SUB REGISTRAR OFFICE AM. EAST GODAVARI DISTRICT. 4.UNION BANK OF INDIA, ASSET RECOVERY BRACH, REP BY ITS OFFICER, ANDHRA BANK BUILDINGS, AUTHORIZED SEETHAMMADHARA, VISAKHAPATNAM, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 2 1.P RAJESH BABU Counsel for the Respondent(S): 1.GP FOR REGISTRATIONAND STAMPS The Court made the following ORAL ORDER: Heard Sri P. Rajesh Babu, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Learned Counsel for the Writ Petitioner submits that the Writ Petitioner is a bonafide auction purchaser of the subject land. The auction has been held by the Union Bank of India (Respondent No.4). Sale Certificate issued by the Respondent No.4 on 19.11.2024 (Ex.P.1). was 3. Writ Petitioner, on the strength of the Sale Certificate, has approached the Sub-Registrar, Rajanagaram, East Godavari District (Respondent No.3) for registration of the Sale Certificate. It is submitted that the Respondent No.3, instead of registering the Sale Certificate, has issued It is the submission of the Valuation Certificate based on market value, learned Counsel for the Writ Petitioner that the Writ Petitioner has purchased the subject property for a sum of Rs.3,07,10,000/-, whereas the Respondent No.3 has issued the Valuation Certificate for the same property valuing it as Rs.4,74,20,070/-. 4. Learned Counsel for the Writ Petitioner would submit that, it rs settled law that the value of the property, as emerged in an auction sale, reflects true value of the said property is concerned and that the Registration Authorities cannot insist on the payment of stamp-duty and registration-fee on the basis of book value/market value. Learned Counsel for the Writ Petitioner has placed reliance on the Common Judgment rendered by the Hon’ble Division Bench of this Court in W.P.No.24898 of 2024 and batch dated 06.12.2024. The Hon’ble Division Bench of this Court, has in turn placed reliance on another Judgment rendered by the Hon’ble Division Bench of this Court in t V k 3 State of Andhra Pradesh v. Marvel Financial Services Ltd., (W.A.No.17 of 2022 dated 18.10.2022 and W.A.No.22 of 2022). The Hon’ble Division Bench has also placed reliance on a Memo issued by the Government of A.P dated 29.04.2024 directing the Commissioner and Inspector General, Registration & Stamps, to ensure that the auction value/value indicated in be taken into consideration for purposes of determining the stamp-duty and registration-fee instead of the book-value/market value. 5. In the above premise, this Court is of the view that the case on hand is squarely covered by the ratio rendered by the Hon’ble Division Bench of this Court in W.P.No.24898 of 2024 and batch dated 06.12.2024. Accordingly, this Writ Petition is allowed. The Sub-Registrar (Respondent No.3) is directed to process the same as per the statutory procedure based on the value as indicated in the instrument/Sale Certificate dated 19.11.2024 (Ex.P.1). No Order as to Costs. 6.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR instruments //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Registrar, East Godavari District, Raj amahendravaram. 3. The Sub Registrar, Sub Registrar Office, Rajanagaram. East Godavari District. 4. Authorized Officer, Union Bank of India, Asset Recovery Brach, Andhra Bank Buildings, Seethammadhara, Visakhapatnam, Andhra Pradesh. 5. One CC to SRI P.RAJESH BABU, Advocate [OPUC] 6. Two CCs to GP FOR REGISTRATION AND STAMPS, High Court of ^ Andhra Pradesh [OUT] 7. Two CD Copies MBT HIGH COURT ^PATED:02/01/2025 ORDER WP.No.31253 of 2024 SFamoS^ S' 0 3 JAN 2025 g is ^ , Current Section ALLOWING THE W.P WITHOUT COSTS