APHC010596042024 IN THE HIGH COURT OF ANDHRA [3328]

PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31253/2024 Between:

1. S .S. ENGINEERS AND CONSULTANTS PVT LTD, REP. BY ITS MANAGING DIRECTOR, KIRTI KUMAR JAIN KOTHARI, S/O. KANTILAL JAIN, BUSINESS, AGED 46 YEARS, D.NO.30-6-18, BESTAVEEDHI, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DISTRICT REGISTRAR, EAST GODAVARI DISTRICT, RAJ AMAHENDRAVARAM.

3. T HE SUB REGISTRAR, SUB REGISTRAR OFFICE, RAJ ANAGAR AM. EAST GODAVARI DISTRICT.

4. U NION BANK OF INDIA, ASSET RECOVERY BRACH, REP BY ITS AUTHORIZED OFFICER, ANDHRA BANK BUILDINGS, SEETHAMMADHARA, VISAKHAPATNAM, ANDHRA PRADESH.

...RESPONDENT(S):

Counsel for the Petitioner:

1. P RAJESH BABU Counsel for the Respondent(S):

1. GP FOR REGISTRATION AND STAMPS The Court made the following ORAL ORDER:

Heard Sri P. Rajesh Babu, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration.

2. Learned Counsel for the Writ Petitioner submits that the Writ Petitioner is a bonafide auction purchaser of the subject land. The auction has been held by the Union Bank of India (Respondent No.4). Sale Certificate was issued by the Respondent No.4 on 19.11.2024 (Ex.P.1).

3. Writ Petitioner, on the strength of the Sale Certificate, has approached the Sub-Registrar, Rajanagaram, East Godavari District (Respondent No.3) for registration of the Sale Certificate. It is submitted that the Respondent No.3, instead of registering the Sale Certificate, has issued Valuation Certificate based on market value. It is the submission of the learned Counsel for the Writ Petitioner that the Writ Petitioner has purchased the subject property for a sum of Rs.3,07,10,000/-, whereas the Respondent No.3 has issued the Valuation Certificate for the same property valuing it as Rs.4,74,20,070/-.

4. Learned Counsel for the Writ Petitioner would submit that, it is settled law that the value of the property, as emerged in an auction sale, reflects true value of the said property is concerned and that the Registration Authorities cannot insist on the payment of stamp-duty and registration-fee on the basis of book value/market value. Learned Counsel for the Writ Petitioner has placed reliance on the Common Judgment rendered by the Hon’ble Division Bench of this Court in W.P.No.24898 of 2024 and batch dated 06.12.2024. The Hon’ble Division Bench of this Court, has in turn placed reliance on another Judgment rendered by the Hon’ble Division Bench of this Court in State of Andhra Pradesh v. Marvel Financial Services Ltd., (W.A.No.17 of 2022 dated 18.10.2022 and W.A.No.22 of 2022). The Hon’ble Division Bench has also placed reliance on a Memo issued by the Government of A.P dated 29.04.2024 directing the Commissioner and Inspector General, Registration & Stamps, to ensure that the auction value/value indicated in instruments be taken into consideration for purposes of determining the stamp-duty and registration-fee instead of the book-value/market value. 5. In the above premise, this Court is of the view that the case on hand is squarely covered by the ratio rendered by the Hon’ble Division Bench of this Court in W.P.No.24898 of 2024 and batch dated 06.12.2024. Accordingly, this Writ Petition is allowed. The Sub-Registrar (Respondent No.3) is directed to process the same as per the statutory procedure based on the value as indicated in the instrument/Sale Certificate dated 19.11.2024 (Ex.P.1). No Order as to Costs.

6.Interlocutory Applications, if any, stand closed in terms of this order.

______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 02.01.2025 Note: Issue C.C by