THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2718 of 2007 ORDER: This revision is directed against the order, dated 06-02- 2007 passed in C.M.A.No.3 of 2006 on the file of the Additional Senior Civil Judge, Nandyal (Fast Track Court), whereby and whereunder the learned Additional Senior Civil Judge allowed the appeal filed under Section 47-A (4) (a) and Rule 9 of A.P. Stamp (Prevention of under valuation of Instrument) Rules, 1975 and directed the Sub-Registrar, Nandyal to value the property as on 04-05-2002 as mentioned in the Market Value Register taking into consideration that the property covered by sale deed is an agricultural land. Background facts in a nutshell leading to filing of this revision by the District Registrar & Collector, and the Sub- Registrar, Sub-Registrar’s office, Nandyal, Kurnool District are as follows: Smt.M.Rajeswaramma is the owner of Ac.1.02 cents of land situated in Sy.No.515 of Moolasagaram Village. She executed a gift deed in respect of the land owned by her in favour of Smt.V.Rama Devi, the respondent herein, on 04-05-2002. The gift deed came to be presented for registration before the Sub- Registrar Office, Nandyal. The parties to the document put the market value of the land at Rs.1,00,000/-. The Sub-Registrar, Nandyal referred the case to the District Registrar and Collector under Section 47-A of the Indian Stamp Act for determining the market value of the property. The District Registrar & Collector conducted the enquiry and determined the market value of the land covered by the document at Rs.650/- per square yard and accordingly total value of the property has been arrived at Rs.32,08,920/- and directed the claimant Smt.V.Rama Devi to pay deficit stamp duty of Rs.1,86,540/- and registration fee of Rs.15,545/-, total Rs.2,02,085/- by order, dated 19-04-2006. Smt.V.Rama Devi filed the appeal before the Additional Senior Civil Judge, Nandyal, as provided under Section 47-A (4) (a) and Rule 9 of A.P. Stamp (Prevention of under valuation of Instrument) Rules, 1975. The appellate authority, on hearing the counsel appearing for the parties and on considering the material brought on record, proceeded to allow the appeal by order, dated 06-02-2007. The said order is assailed in this revision. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. Learned counsel appearing for the petitioners submits that the potential value of the land is required to be taken into consideration for fixing its market value for the purpose of stamp duty and registration. A further contention has been advanced that the proceedings issued by the first petitioner fixing the market value of the land covered by the document at Rs.32,08,920/- is reasonable and rationale and therefore the same is not required to be interfered with. Learned counsel appearing for the respondent submits that the appellate authority considered the judgment of this Court in M.Ramakrishna Rao Vs. Subordinate Judge, Kovvur [1] and proceeded to set aside the order passed by the first petitioner herein and therefore the order impugned in the revision is not liable to be interfered with. It appears that the District Registrar & Collector addressed a letter to Mandal Revenue Officer on 27-07-2002 to furnish 10(1) extract and No.3 adangal extract, pattedar passbook and approximate rate per acre in respect of Sy.No.515 of Moolasagaram Village. Before receipt of reply from the Mandal Revenue Officer, the District Registrar & Collector proceeded to issue the proceedings fixing market value of the land. It is well settled that the value of the land on the date of presentation of the document is required to be considered for assessing the stamp duty and registration fee. The future utility of the land is irrelevant vide the decision of this Court in M.Ramakrishna Rao’s case (supra). The appellate authority, while allowing the appeal, granted liberty to the Sub-Registrar, Nandyal to value the property as on 04-05-2002 as mentioned in the Market Value Register. I may add one more rider in this case. The Sub-Registrar, Nandyal, may also take into consideration the reply received from the Mandal Revenue Officer with regard to the market value of the land covered in Sy.No.515 of Moolasagaram Village. With the above observations, this Civil Revision Petition is disposed of. There shall be no order as to costs. __________________________ B.SESHASAYANA REDDY, J. 02nd December, 2009. Skmr THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2718 of 2007 Date : 02-12-2009 Between : The District Registrar & Collector under Section 47-A of Assurances, Registration and Stamps, Kurnool and another. .. Petitioners And V.Ramadevi .. Respondent [1] 1996-ALT-1-335