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TMI Blog2017 (8) TMI 1708X X X X Extracts X X X X X X X X Extracts X X X X ..... o be registered. After registration, a notice was issued under Section 47(A) of the Indian Stamp Act, 1899 to show cause as to why the market value fixed shall not be collected. Challenging the same, inter alia contending that auction being conducted publicly under SARFAESI Act, the appellants are bound to accept it, the writ petition was filed. The learned single Judge placing reliance upon the earlier orders passed by this Court pleased to allow the writ petition. Hence, the present appeal. The learned Special Government Pleader appearing for the appellants would submit that the learned Single Judge has not taken into consideration of the fact that the officer who conducted the sale under the SARFAESI Act is not akin to a Collector or Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is representation and allowing an order to be passed under Section 47(A) of the Act and if aggrieved, challenging it before the forum provided under the Statute, ought not to have filed the writ petition. Hence, we are of the view that the writ petition so filed is not maintainable. 4. The decision of the Apex Court relied upon by the learned counsel for the respondent in V.N. Devadoss v. Chief Revenue Control Officer-Cum-Inspector reported in 2009-3-L.W. 236 : (2009) 7 SCC 438, does not apply to the case on hand, in which applicability of Article, which has referred to above has not taken into consideration. Further, factual finding rendered therein was effected on the basis of the value fixed by Assets Sales Committee consisting of membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merely speaks about market value and not the value mentioned in the conveyance. The registering authority and others are empowered with the process for the consideration of the market value of the property, which is the subject matter of the conveyance. Article 18 speaks about certificate of sale. This is an exception to Article 23. As per Article 18, the duty mentioned in the conveyance would be deemed to be the market value. To bring the market value under Article 18, the condition precedent mentioned therein will have to be complied with. In other words, the property must be sold by Public auction only by a civil or Revenue Court, or a collector or other revenue Officer. Therefore, even assuming a property sold by Public auction, such an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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