THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.6288 OF 2005 DATED:03.03.2011 Between: The Joint Sub Registrar-I.R.O.(O.B.), Karimnagar. .... PETITIONER And Bukka Bala Narayana. .... RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 09.08.2005, in C.M.A.No.3 of 2004 on the file of the learned Senior Civil Judge, Karimnagar, wherein the said appeal filed by the respondent herein, was allowed reducing the market value from Rs.360/-per square yard, as fixed by the District Registrar, to Rs.225/- per square yard for the purpose of collecting the stamp duty. 2. Heard learned Government Pleader for Arbitration appearing for the petitioner. None appeared for the respondent though served with notice. Perused the record. 3. Respondent herein presented a sale deed executed by one Akshinthala Srinivas in respect of 0.22 guntas of land in Sy.No.783 situate at Rampur locality of Karimnagar for the purpose of registration before the Sub-Registrar. The registration was withheld on the ground that the property was undervalued. Respondent submitted a report to the District Registrar stating that the market value is Rs.150/- per square yard. The District Registrar after conducting an enquiry fixed the market value at Rs.360/- per square yard and directed the respondent to pay an amount of Rs.46,705/-, being the difference towards stamp duty and registration fee. Respondent preferred an appeal in C.M.A.No.3 of 2004 before the learned Senior Civil Judge, Karimnagar. By impugned order, the learned Judge reduced the market value and fixed the same at Rs.225/- per square yard. Hence, the present Civil Revision Petition by the State. 4. A perusal of the order, dated 23.02.2004, of the District Registrar would show that he conducted a spot inspection of the property on 02.02.2004 and found that the same is situate adjacent to manair river surrounded by agricultural fields abutting Karimnagar-Hyderabad highway. He also found that there are no constructions in the vicinity and civic amenities like water, drainage etc., were also not available. The District Registrar observed that the vicinity is underdeveloped. However, the land is having potentiality for house sites as the same is adjacent to the main road. Based on the location of the land and also the local enquiries made by him, the District Registrar estimated that the market value of the land for the purpose of stamp duty can be fixed between Rs.300/- to Rs.400/- per square yard. He therefore fixed the same at Rs.360/- per square yard. The learned Senior Civil Judge, while reducing the same to Rs.225/- per square yard, did not furnish any reasons in the impugned order, which justified such reduction. By a cryptic order, which is bereft of any reasons, the learned Senior Civil Judge held that the Court has come to a conclusion that if the market value of the land is fixed at Rs.225/- per square yard it will meet the ends of justice and no prejudice will be caused to either side. The District Registrar while fixing the market value at Rs.360/- per square yard has taken certain aspects into consideration, which were disclosed by his spot inspection. 5. Having regard to the topography of the land and its location, the District Registrar has estimated that the market value can be fixed between Rs.300/- to Rs.400/- per square yard. Respondent herein has not adduced any oral or documentary evidence before the learned Senior Civil Judge in support of his plea for reduction of the same. Thus, without there being any material placed before the Court, justifying the reduction of the market value and no evidence having been adduced by the respondent in support of his claim for reduction, the learned Senior Civil Judge simply reduced the market value to Rs.225/- per square yard, without furnishing any reason whatsoever. Such an order, which is bereft of any reasons, is unsustainable. However, when the District Registrar himself found that the market value can be fixed between Rs.300/- to Rs.400/- per square yard, he too did not furnish any specific reason for fixing the market value at Rs.360/- per square yard. In the absence of any such justification for fixing the market value at Rs.360/- per square yard and in view of his own estimation of the market value between Rs.300/- to Rs.400/-, it is considered that it would be reasonable to fix the same at the minimum level of Rs.300/- per square yard, as estimated by the District Registrar. 6. In the circumstances, the impugned order reducing the market value to Rs.225/- is liable to be set aside and the same is accordingly set aside and consequently the market value for the purpose of stamp duty and registration of the document is fixed at Rs.300/- per square yard. 7. Accordingly, Civil Revision Petition is allowed as stated above. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 03rd March, 2011. Tsy