HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No.5499 OF 2011 DATE: 19-12-2011 BETWEEN: The State of A.P., Rep. by District Collector, Srikakulam and two others. - - - Petitioners/ Respondents. AND Potnuru Jhansilaxmi and two others. - - - Respondents/ Appellants. This Court made the following : HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No.5499 OF 2011 ORDER: The State represented by District Collector, Srikakulam, the District Registrar and Collector under the provisions of the Indian Stamp Act, 1899 and the Joint Sub-Registrar, Srikakulam filed this Revision against the Respondents challenging the order dated 08-12- 2008 passed in C.M.A. No.14 of 2007 by the Principal Senior Civil Judge, Srikakulam (For short, ‘the learned Senior Civil Judge’). 2. The Learned Assistant Government Pleader for Arbitration submits that the Basic Value Register clearly discloses that in fact the value of the allotted land in survey No.87 in Pathrunivalasa village is Rs.200/- per square yard and that the sale of plots in the said survey number reveals that the land was sold at the rate of Rs.200/- per square yard. It is also his submission that the District Registrar having taking into consideration the register referred in his orders has fixed the market value at the rate of Rs.200/- per square yard and the Appellate Court has not taken into consideration these facts. 3. No representation for the respondents. 4. As seen from the record, the Joint Sub-Registrar, Srikakulam filed reference letter dated 26-05-2006 referring the matter under section 47-A of the Indian Stamp Act, 1899 for determination of the correct market value of the schedule property pertaining to document No.P/36/05. The land is admeasuring Ac.1.32 cents in survey No.87 of Patrunivalasa village, Srikakulam Sub-district of Srikakulam District. Parties estimated the market value at Rs.1,00,000/- per acre. The value of the property as per the Market Value Guidelines Register is Rs.200/- per square yard. The land is at a distance of one K.M. from Thandemvalasa road. The executant of the document V. Narayana Murthy has filed objections on 31-08-2006 and requested the Registrar to inspect the land. The respondents herein have also filed objections on 31-08-2006. Their case is that the land is used for agricultural purpose. On physical observation, the District Registrar found that the land is situated at a distance of 1 K.M. west of Thandemvalasa Road and there is a lay out forming part of one Hanumanthu Muralidhar at a distance of 50 feet towards south-east corner of this land and there is a social welfare girls hostel at a distance of 1 ½ of K.M. from the property towards south-east corner and there was a paddy crop in the land at the time of its inspection. Local enquiry revealed that the value of the property is around Rs.9 to 10 lakhs per acre. Then the Registrar verified the available office records and noticed that the document No.673 of 2005 was registered at the rate of Rs.200/- per square yard and document Nos.3901/04, 3010/2000, 4072/2000, 3913/1999, 2446/2001, 3242/2000, 3857/2004, 3856/2004, 3565/2004, 2605/2002 and 3720/2001 were registered at square yard rate. Then taking into consideration the guidelines for fixing the market value, the Registrar has fixed the value of the property at Rs.200/- per square yard in survey No.87. 5. Challenging the said order, the respondents filed C.M.A. 14 of 2007. The learned Principal Senior Civil Judge, Srikakulam though referred to certain sale deeds filed by the respondents herein i.e. document No.2581 dated 18-03-2005 wherein the land was sold at Rs.79,100/- but has not referred to the various sale deeds relied upon by the District Registrar. 6. In view of the facts and circumstances, I consider just and reasonable to set aside the impugned order and remand the matter to the lower Court to consider it afresh. The petitioners herein may produce the copies of documents referred to in the order of the District Registrar in support of their contention that the land was sold as per the square yard rate. Accordingly, the matter is remanded back to the lower Court for fresh consideration. No order as to costs. _____________________ B. CHANDRA KUMAR, J Dated: 19-12-2011. Dsh. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR 222 CIVIL REVISION PETITION No.5499 OF 2011 December, 19, 2011 DSH