JOSE K K Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This Writ Petition is filed for a direction to the respondents to fix the land value in Survey No. 455/B/A of Guntakal Village consisting of Ac. 4.91 cents as Agricultural land and to register the General Power of Attorney accordingly. The land covered by Survey No. 455/B/A was purchased by Sri. Atla Venkata Subba Reddy and Smt C. Vijaya Meri by virtue of Registered Sale Deeds dated 13-11-1981 and 16-11-1981 for a consideration of Rs.40,000/- and Rs.30,000/- respectively. The lands are agricultural lands. The owners proposed to execute the General Power of Attorney in favour of the petitioner for the purpose of managing the same. Therefore they have filed an application before the Sub Registrar, Guntakal, requesting him to furnish the valuation certificate relating to the said Survey No. The Sub-Registrar stated that as per the market value, guide-lines regarding the rate of Rs. 117/- shall be adopted per square yard in respect of Survey No. 455/B/A of Guntakal Village. Aggrieved by the same, the present writ petition is filed.

(2.) The learned counsel for the petitioner mainly contends that as it is agriculturaland, it cannot be valued as non-agricultural land on square yard basis. He also submits that the Municipality itself has certified that the final layout for the land inSurvey No. 455/B/A. of Guntakal Village isnot approved by the Muncipal Council. In view of the non-approval of the lay-out, the land is used as an agricultural land by cultivating the same and therefore it could not have been valued on square yard basis, and it should be valued as agricultural land.

(3.) In the Counter Affidavit submitted by the respondents, it is stated that the petitioner has not shown the land in Survey No. 455/B/A to the Sub Registrar whether it is an agricultural land or non-agricultural land. It is also stated that for the fixation of agricultural rate for Survey No.455/B/A, the Committee of Registration Department will decide after spot inspection of the land in Survey No. 455/B/A.