THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.2314 of 2010 Date: 16.12.2010 Between: Collector, Srikakulam ..... Petitioner AND Boyina Visweswara Rao and others .....Respondents Counsel for the Petitioner: Assistant Government Pleader for Arbitration Counsel for Respondents: -- The Court made the following: ORDER: This Civil Revision Petition arises out of the order dated 23.12.2008 in C.M.A.No.7 of 2006 on the file of the learned Principal Senior Civil Judge, Srikakulam. The respondent in the said appeal is the petitioner in this revision. The respondents herein are the purchasers of Acs.1.10 cents in survey No.38/6 old survey No.403/1 of Kotabommali Village and their vendors have presented the document dated 20.11.2004 for registration by showing the market value of the property at Rs.6,50,000/-. The Sub-Registrar, Kotabommali has valued the property at Rs.30,87,920/- and demanded the stamp duty at Rs.1,85,330/- and registration fee of Rs.16,440/-. As this was disputed by the parties to the document, he has referred the matter under Section 47-A of the Indian Stamp Act, 1899 to the petitioner. The petitioner has answered the reference, through his proceedings dated 30.01.2006, by accepting the determination of the market value made by the Sub-Registrar and the direction for payment of deposit of stamp duty and registration fee. Feeling aggrieved by the said determination, the respondents have filed C.M.A.No.7 of 2006 in the Court of the learned Principal Senior Civil Judge, Srikakulam. On a careful consideration of the facts of the case with reference to the documentary evidence, the Court below has opined that it would be reasonable to take the market value of the property at Rs.250/- per sq. yard instead of at Rs.500/- as fixed by the petitioner. Aggrieved by this order, the petitioner filed the present C.R.P. A perusal of the reference order passed by the petitioner shows that he has taken into consideration the following aspects: “1. The scheduled property is located at a distance of 20 yards from the road leading from N.H.5 to Kotabommali towards northern side. 2. Z.P. High School play ground and Kothammathalli Temple compound wall are located adjacent towards eastern side of the site and in the northern Harajana Colony and in the South site of Claimant are located. In the said site constructions are in progress upto slab level. On the western side properties of others are located. 3. There is no crop at the time of Spot Inspection on the property. Since past few years the land is in the stage of Korni (without cultivation).” He has accordingly arrived at the market value of the site at Rs.580/- per sq. yard. While doing so, the petitioner has not referred to any particular sale transaction. The Court below, while accepting that the land has the potential for being used as house site, felt that it would be appropriate to fix the market value t Rs.250/- per sq. yard. In my opinion, in the absence of any specific documentary evidence showing the market value at Rs.580/- per sq. yard as determined by the petitioner, the Court below has adopted a reasonable approach in treating the market value at Rs.250/- per sq. yard. The approach of both the Court and the petitioner having been based on a trial and error method instead of on any scientific data, I am not inclined to interfere with the valuation adopted by the Court below. For the aforementioned reasons, I do not find any merit in the Civil Revision Petition and the same is accordingly dismissed. As a sequel to dismissal of the C.R.P., C.R.P.M.P.No.3101 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 16th December, 2010 GHN