HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.21471 of 2004 Dated this the 11th day of February 2008 Between: M. Srinivas … Petitioner AND The Chief Controlling Revenue Authority & Commissioner & Inspector General of Registration and Stamps, A.P., Hyderabad and 2 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.21471 of 2004 ORDER: This Writ Petition has been filed by the petitioner seeking to declare the proceedings of the first respondent dated 20.03.2004 and the proceedings of the second respondent dated 17.02.2003 as illegal, arbitrary, null and void and against the principles of natural justice. 2) The petitioner has purchased a land to an extent of Ac.1.37 cents situated at Nandigama, Krishna District. He presented the sale deed for registration by putting the value of the property on the basis of basic value register for the agricultural land. After registration of the document, during the course of inspection it was noticed that the property was under valued. Therefore, issued a notice directing the petitioner to pay the deficit stamp duty. Being aggrieved by the same, the petitioner filed an appeal before the first respondent and the first respondent passed an order on 29.12.2001 remanding the matter to the second respondent-District Registrar for inspection of the land and pass fresh orders. Basing on that, the second respondent inspected the land and submitted a report dated 12.01.2004 mentioning that it is a non-agricultural land by giving the following remarks: “During the course of inspection of Sub-registrar office, Nandigama for the year 1998-1999, the District Registrar, Vijayawada spot inspected the property along with the Sub-Registrar, Nandigama. On spot inspection of the properties, it is found that it is not agricultural land and the property situated in heart of the town. The properties consist of Tobacco Godown, Open plat form for dying tobacco and a thatched big shed for the workers and security room for the watchman. The Door Number for the godown allotted by Nandigama Gram Panchayat is 5/12. On perusal of previous documents, it is proved beyond doubt that the property Ac.3.29 (Demarcation No.637/1 Ac.1.50 and Demarcation No.637/2 Ac. 1.79) was purchased by M/s. Suleman Khan and Mahboob Khan Pvt. Ltd. In this property a Godown was constructed in the year 1975 and opened by Mr. KHAZUMAN HACHIYA, Manager Japan Tobacco and Salt Public Corporation Tokyo on 7-2-1975 (Inauguration stone name plate is fixed on wall of godown). The Door Number of the property is 5/12 and the Electrical Service Number is 1103. The properties situated in Krishna Balijanagar, which is highly inhabited by the middle income people. The boundaries of the property Ac.3.29 are as follows E) NIL 9 Road N) Sundaram Tobacco Company Mill and the residential house S) There is a Fire Station and other residential house builders W) Residential Houses in between these four boundaries Ac.3.29 of the property is exists.” 3) On the basis of the said report, the first respondent passed an order holding that there are no grounds to interfere with the order of the second respondent, dated 17.02.2003. 4) It is contended by the petitioner that it is an agricultural land and the land remained fetch and mango trees were also there. However, the report discloses that it is in the midst of a colony and structures were also there surrounding the land. Therefore, it has to be treated as a non-agricultural land and the deficit stamp duty has to be paid. 5) There is no consciousness between the parties regarding the nature of property. When there is a disputed question of fact, a writ under Article 226 of the Constitution of India is not entertainable and it is for the parties to work out their rights, if any, in the civil court by adducing necessary oral and documentary evidence. In the light of the above circumstances, I do not find any ground to interfere with the impugned orders. 6) Accordingly, the Writ Petition is dismissed as not maintainable. The respondents shall not take any coercive steps for a period of two months from the date of receipt of a copy of this Order. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 11.02.2008 Isn