MEGHRAJ RATHI Vs. JOINT SUB REGISTRAR

JUDGEMENT

(1.) This revision, under Article 227 of the Constitution of India, is directed against the order passed by the Primary Authority under Section 47 (sic. 47-A)!of the Indian Stamp Act (for short 'the Act') as confirmed by the Appellate Authority, under that provision.

(2.) Petitioners purchased premises Door Nos. 6-9-31 to 45 of Santhapeta, of Vizianagaram town, from one Lakshmi Chand Nathani, for a consideration of Rs. 27,05,600/-. They presented a sale deed for registration before the Joint Sub-Registrar R.O. (OB), Vizianagaram. The sale deed was written on a stamp paper, worth Rs. 3,24,700/-.

(3.) The registering authority took the view that the petitioners ought to have paid the stamp duty of Rs. 4,27,620/-, on the assumption that the market value of the property is Rs. 35,63,500/-. In arriving at this figure, he relied upon the guidelines contained in Circular dated 21-08-2001 issued by the State Government. Since the petitioners did not agree to pay the deficit stamp duty, he referred the matter to the District Registrar and Collector, Vizianagaram, the 2nd respondent herein, for adjudication under Section 47-A of the Act. The 2nd respondent passed an order dated 30-12-2002, determining the market value of the property as Rs. 33,58,616.20, and required the petitioners to pay the differential amount.