Rajdhani Roadways Throug Its Proprietor Yusuf Khan Mansur Khan v. The State Of Maharashtra Through Collector And Others

2025:BHC-AUG:10008-DB 1 924 ca 10566-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 10566 OF 2024 IN WP/2977/2024 RAJDHANI ROADWAYS THROUGH ITS PROPRIETOR YUSUF KHAN MANSUR KHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS ...

Ms. Pradnya Talekar h/f Talekar And Associates, Advocate for Applicant Mr. P. S. Patil, Add.GP for Respondent-State Mr. Ajit Gaikwad, Advocate for Respondent No.3 ....

CORAM : R. G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATED : 03/04/2025.

P. C. :

1.

Heard.

2.

The petitioner was the highest bidder in the auction held on 11/12/2020. Since the petitioner was the highest bidder, the sale certificate dated 18/03/2021 was issued in its favour under Rule 9(6) of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Enforcement Rules 2002. Since there was dispute as regards area of the land, remesurement took place. It was noticed that the land area admeasuring 233 sq. meter was less than was shown in earlier sale certificate. Therefore, a fresh sale certificate

2 924 ca 10566-24 was issued on 08/08/2024. The petitioner has also been put in to possession of the land purchased by it.

3.

Now question remains of execution of a conveyance in the petitioner's favour and consequential entry thereof to be made in the 7/12 extract and PTR. Respondent - bank is ready to execute conveyance / sale deed. According to the learned counsel for the petitioner in spite of their being no requirement to pay for the stamp duty, the petitioner would pay the requisite stamp duty and registration fee as well. In view of the same, the writ petition stands disposed of in terms of following order.

ORDER

A) The respondent - bank authorities shall execute conveyance / sale deed of the land comprised in the sale certificate dated 08/08/2024 within four weeks from the date of this order.

B) The Revenue Authorities shall thereafter give effect of the sale deed in the revenue record i.e. 7/12 extract and PTR register as well, by following prescribed procedure under MLRC.

C) Civil application is also disposed of accordingly. ( SANDIPKUMAR C. MORE, J. ) (R. G. AVACHAT, J.) VS Maind/-

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