HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.5253 of 2008 ORDER: The Order under Revision is the order passed by the Principal Senior Civil Judge, Srikakulam, in CMA.No.2 of 2008 dated 04.07.2008, setting aside the order of the District Registrar and Collector, Srikakulam dated 29.01.2008, holding that the value of the property as reflected in sale deed of Rs.4,28,000/-, i.e. at the rate of Rs.4.00 lakhs per acre, was just and valid. The District Registrar and Collector, in his order dated 29.01.2008, noted that the executant of the document had contended that the present value of the lands in surrounding villages like Peddapadu was about Rs.3,30,000/- per acre; and, on the ground that the property was agricultural land, the respondent had determined its purchase value at Rs.4.00 lakhs per acre; the schedule property, in Sy.No.298/4 situated in Patrunivalasa Village, was spot inspected by the Joint Sub-Registrar, Srikakulam in the presence of the claimant on 22.01.2008; it was noticed that the schedule property was situated at a distance of ¼ K.M. from Neelam Swarajya Showroom, which was located on Srikakulam to Peddapadu R & B Road; the land was presently cultivated with blackgram; it was bounded with Butchenna Gedda in the eastern side; at a distance of ¼ K.M., there was a Patha Gedda on the western side; a friends colony was situated at a distance of ¼ K.M. in south-west direction; there was a layout at a distance of ¼ K.M. towards the eastern side; there was a building near the property on one side and agricultural lands on the other three sides; and, it was revealed in the local enquiry that the property was valued at Rs.5,000/- to Rs.6,000/- per cent; and the land was located in a developing area. Curiously, the District Registrar and Collector, Srikakulam, records that it was revealed, in the local enquiry, that the property would get importance in future and he came to know that the lands were being valued at Rs.35.00 lakhs per acre. The finding of the District Registrar and Collector that the value of the land was Rs.35.00 lakhs is not based on any material evidence on record. The order does not disclose who were examined in the local enquiry or the basis for the conclusion that the lands could be valued at Rs.35.00 lakhs per acre. The said finding is more in the nature of a conjecture, than a finding of fact based on the evidence on record. It is on the basis of this so called local enquiry that the District Registrar and Collector determined the market value of the property at Rs.740 per sq. yard. In appeal the Principal Senior Civil Judge, Srikakulam, in his order dated 04.07.2008, records that, even after taking into consideration the report of the Joint Sub-Registrar that the property was situated in the midst of agricultural lands, the land had irrigation channels on either side etc, it would only disclose that the land was agricultural land and not fit for house sites; and, in such circumstances, the value put forth by the executant was proper and merited acceptance. Rule 5 of the A.P. (Prevention of under valuation of Instruments) Rules, 1975 prescribes the method for determining the market value of agricultural lands. Neither the Court below nor the District Registrar have referred to the condition stipulated therein in determining the market value of the land. While it would have been appropriate to set aside both the orders and remand the matter back to the District Registrar and Collector for consideration afresh, Mrs K.Lalitha, Learned counsel appearing on behalf of the respondent, would submit that, since there is no basis for fixation of the market value by the District Registrar and Collector, Srikakulam at Rs.35.00 lakhs per acre; and since the local enquiry of the Joint Sub-Registrar, Srikakulam, which has been taken note of by the District Registrar and Collector, revealed that the value of the property was between Rs.5,000 to Rs.6,000/- per cent i.e. Rs.5.00 lakhs to Rs.6.00 lakhs per acre, the respondent is ready and willing, with a view to give a quietus to this dispute, to pay the stamp duty at Rs.6,000/- per cent i.e. Rs.6.00 lakhs per acre . As noted hereinabove, the order of the District Registrar and Collector, Srikakulam, merely records that it was revealed in the local enquiry that the property would get importance in future, and he came to know that the lands were being valued at Rs.35.00 lakhs per acre. As to how the District Registrar and Collector, Srikakulam came to know that the lands were valued at Rs.35.00 lakhs per acre is not discernible from his order nor has any record been placed before this Court to show that the said finding is on the basis of evidence gathered during the course of enquiry by him. Eschewing this conclusion, the maximum value of the property, as reflected in the order of the District Registrar and Collector, is as reflected in the spot inspection report of the Joint Sub-Registrar who concluded that the property would fetch Rs.5,000/- to Rs.6,000/- per cent i.e. Rs.5.00 lakhs to Rs.6.00 lakhs. Taking the highest market value, as ascertained by the Joint Sub-Registrar, to be the market value of the land, it would still be only Rs.6.00 lakhs per acre and not more. In such circumstances, I consider it appropriate to set aside the order of the Principal Senior Civil Judge, Srikakulam, in CMA.No.2 of 2008, dated 04.07.2008, and direct the District Registrar and Collector, Srikakulam, to determine the stamp duty and penalty payable by the respondent taking the market value of the property at Rs.6.00 lakhs per acre. The entire exercise, of determining the stamp duty, registration fee and penalty payable by the respondent, shall be completed within a period of two months from the date of receipt of a copy of this order and, on payment of the amount so determined, the District Registrar and Collector, shall consider registration of the document in question in accordance with law. The Civil Revision Petition is, accordingly, disposed of. RAMESH RANGANATHAN,J Dt:08-07-2010 usd