GURU PRASAD MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) SINCE common questions are involved in both the writ petitions, they were heard together and are being disposed of by this common judgment.

(2.) CHALLENGE has been made in these writ petitions to the instructions dated 5-8-2008 and 20-8-2008 issued by the Inspector General of Registration, Orissa. Cuttack (in short "igr") regarding fixation of market value of the land while the Sub-Registrar registering the documents for the purpose of transfer of property, as without jurisdiction and inconsistent with the Indian Stamp. Act and the Orissa Stamp Rules, 1952 (in short, "the act and Rules" ).

(3.) THE petitioners for the purpose Of registration of documents disclosed the valuation of the property before the Registering authority to facilitate payment of proper stamp duty. The Registering Authority did not accept their documents on the ground that the valuation of the property as disclosed by the petitioners was at a lower rate than the fixed Bench Mark Valuation. Accordingly, it fixed the valuation at a higher rate. The petitioners challenged the fixation of bench mark valuation as per the instructions issued by the IGR as arbitrary, contrary to the jurisdiction given to the Registering Authority under Section 47-A of the indian Stamp Act which was inserted by the indian Stamp (Orissa Amendment) Act, 2008 and the Rules thereunder, ab initio void and liable to be quashed.