UPPU YANAIAH Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

(2.) The petitioner states that he purchased an extent of Ac.1.42 cents of seri dry land situated in R.S.No. 538/1 of Lakshmipuram village for an amount of Rs. 1,28,000.00 under a registered sale deed dated 28.07.1999. While so, the second respondent issued a notice on 103.2001, invoking the provisions of Sec. 41-A of the Indian Stamp Act, 1899 (for short 'the Act'), stated that the market value of the property was wrongly shown and the correct value of the property would be Rs. 10,30,920.00 and thus there is a deficit stamp duty to a tune of Rs. 1,13,406.00. The petitioner after receipt of the said notice submitted a detailed representation disputing the determination of the market value. He further raised an objection that there was no basis shown for fixing the market value. Without considering the same, the second respondent passed an order on 103.2001 holding that the stamp duty of Rs. 1,03,821/- is payable on the document. Challenging the same, he preferred an appeal before the first respondent. The first respondent dismissed the appeal by order dated 17.03.2004, challenging which the present Writ Petition is filed.

(3.) The first respondent filed a counter stating that the market value guidelines registers maintained in the offices of the Sub-Registrars are having statutory cover under Sec. 47-A of the Act and accordingly the order of the second respondent was proper. It was further stated that in respect of the property situated in RS Nos. 537/1 to 540/2 at Ramnagar of Lakshmipuram village of Challapalli Mandal, the value of the property was fixed at Rs. 44,000.00 in 1988 and subsequently enhanced to Rs. 99,000.00 per acre in the year 1990. The said value was further revised in the year 1993 and was enhanced to Rs. 7,26,000.00 per acre, but the stamp duty was collected at Rs. 90,000.00 per acre by the third respondent. Since the land involved in the present transaction pertains to Survey No.538/1 of an extent of Ac.1.42 cents, the value at Rs. 7,26,000.00 per acre should have been fixed and the total value works out to Rs. 10,30,320.00 on which a stamp duty of Rs. 1,13,406.00 is payable. But the Sub-Registrar failed to verify the basic register and the loss of revenue was detected during the spot inspection of the documents registered pertaining to Lakshmipuram village. During the spot inspection, the second respondent with the assistance of the VAO identified the property with the revenue records such as Adangals, village accounts and relevant accounts and it was noticed that the land was situated on Western side of Ramanagaram Road and the 7th Block of Lakshmipuram major Grampanchayat is situated on the other side of the road. Though the land was being used as an agricultural field, it was vacant at the time of the visit and there was no standing crop, but it has future potentiality of being converted into house plots in view of the land in 7th Block of Lakshmipuram Grampanchayat being contiguous to the property covered by the document. The fixation of market value of particular property is based on the past transactions, future potentiality of that area and open auctions made by the Government etc. The present document was registered after six (6) years from the date of revision of market value.