N RANGA REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) The grievance put forward in this writ petition Is of a genera! nature. lndeed,it involves a matter of daily occurrence all over the State,

(2.) Under-valuing the documents relating to Transfer of Property with a vi.ew to reduce the incidence of stamp- duty and registration charges, is a matter of common knowledge in this counter, and more so in the rural areas. Part of the explanation lies in the very high incidence of stamp-duty. The STAMP ACT, 1899 was initially conceived as a Revenue, -raising enactment but, in course of time, other sources of Revenue, far more extensive and yielding for greater revenues than this, have come into being with the result that the income yielded by this source is too insignificant and constitutes a very negligible percentage of the revenues of the State. However, the Government does not appear to have lost interest in this source of revenue.

(3.) With a view to defeat attempts of the parties to under-value their documents (with a view to avoid stamp-duty - and registration charges) the Government and the Inspector-General of Registration & Stamps have been issuing instructions from time to time to the subordinate registering authorities, indicating the value of lands in several areas of the State, These a r e meant as a guidance to the registering authorities. But, according to the petitioner, what the registering authorities are doing is to refuse to admit a document for registration unless the document states the value of the land as per the value fixed in the Government's instructions.In other words, if for lands in a particular area, the rate is fixed in the Government's instructions at, say, Rs10/-per Sq yard the registering authorities are said to be refusing even to admit the document for registration unless tha document shows the value of the land at least at Rs. 10/- per sq. yard. This, the petitioner says, is, illegal and incompetent, and is said to be causing grave and unwarranted prejudice to the parties.