IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NOS.5038 AND 5046 OF 2009 CIVIL REVISION PETITION No.5038 OF 2009 Between : Shaik Bubakar .... PETITIONER A N D Joint Sub Registrar. …RESPONDENT CIVIL REVISION PETITION No.5046 OF 2009 Between : Shaik Nazeera .... PETITIONER A N D Joint Sub Registrar. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NOS.5038 AND 5046 OF 2009 COMMON ORDER: These two Civil Revision Petitions, under Section 115 of the Code of Civil Procedure, 1908, is directed against the orders, dated 05.03.2009 in C.M.A.Nos.9 and 10 of 2005, on the file of the Senior Civil Judge, Karimnagar, whereunder and whereby, the order passed by the District Registrar and Collector under Section 47-A of Indian Stamp Act,1899 (for short ‘the Act’), Karimnagar in case Nos. MV/47- A/1552/99 and MV/47-A/1553/99, dated 14.09.2005, was confirmed and the appeals were dismissed. 2. Learned counsel appearing for the petitioner contended that there is no basis for fixing the market value; that in the year 1997 when the document was presented, the market value was Rs.200/- per sq.yard; that the District Registrar made spot inspection of the property in the year 2005 and an order was passed fixing the market value at Rs.600/- per sq.yard and therefore, he prays to remand the matter to give an opportunity to the petitioner to adduce evidence with regard to the market value prevailing as on the date of presentation of the document. 3. Learned Government pleader contended that considering the two sale transactions in the vicinity of the survey number, in which the value has been fixed by the Registrar, the market value was fixed here and therefore, there are no grounds to interfere with the impugned order. 4. It is not in dispute that the petitioner herein presented the document before the Joint Sub-Registrar-I, RO (OB), Karimnagar, for registration on 31.07.1997, but that document was kept pending and the same was referred to the District Collector under Section 47-A of the Act for determination of the true and correct value of the property. Thereupon the District Registrar-cum-District Collector conducted a spot inspection of the schedule property on 06.09.2005 and considering the location of the property and also duly taking note of the two sale transactions near to the survey number, fixed the market value at Rs.600/- per square yard. 5. The report of the Registrar and Collector has not been brought on record. Similarly, the certified copy of two documents on which the competent authority fixed the market value has not been filed. Unless those documents are brought on record it is difficult to ascertain the true and correct value of the property, consequently, proper stamp duty cannot be ascertained. Therefore, the matter is remanded to the appellate Court to give an opportunity to both the parties to lead evidence with regard to value of the property prevailing in the year 1997. 6. Accordingly, the Civil Revision Petitions are allowed. There shall be no order as to costs. _______________ K.C.BHANU. J MAY 31, 2010. YVL THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.2100 OF 2009 DATED : 31.05.2010