SUB REGISTRAR Vs. M DAMODAR REDDY

JUDGEMENT

(1.) The Writ Appeal by the Commissioner and Inspector General of Registration and Stamps and the Sub-Registrar, Banjara Hills, Hyderabad, is brought under Clause 15 of the Letters Patent, challenging the judgment of the learned single Judge in Writ Petition No. 20631 of 1996.

(2.) The learned single Judge, while allowing the writ petition filed by the petitioner-respondent issued a writ in the nature of mandamus directing the respondents-appellants to register the sale document taking the value shown in the Basic Value Register prior to 1-8-1996 as the market value of the property in question.

(3.) Facts in brief are as under: The petitioner-respondent, having purchased Plot No. 296, admeasuring 480 Sq.Yds., at Road No. 10, Jubilee Hills, Hyderabad, presented the sale document on 9-8-1996 before the Sub-Registrar, Banjara Hills, the 1st appellant herein. The petitioner-respondent set out the market value of the plot at Rs. 6,01,000/- on the basis of the value fixed in the Basic Value Register. The Sub-Registrar has passed the receipt and given No. P 1344/96 to the document, pending registration of the document. On 9-9-1996 the Sub-Registrar sent a letter No. 280/96 directing the petitioner-respondent to appear before him and when appeared he had informed the petitioner-respondent to pay the deficit stamp duty and registration charges based upon the enhanced market value of the said property, which was enhanced with effect from 1-8-1996 in pursuance of the proceedings dated 31-7-96 issued by the Commissioner and Inspector General of Registration and Stamps, 2nd appellant herein. Questioning the proceedings dt. 31-7-96 as illegal and void, the petitioner-respondent filed the above writ petition on the ground that the Commissioner has no jurisdiction to enhance the market value of the property in the twin cities of Hyderabad and Secunderabad and secondly when once sale documents have been executed on the market value prevailing, the Sub-Registrar ought to have registered the document without insisting upon payment of the deficit stamp duty on the basis of the enhanced market value.