Orissa High Court
Sujit Kumar Padhi vs State Of Odisha And Others .... Opp. ... on 19 October, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: BIJAY KUMAR SAHOO IN THE HIGH COURT OF ORISSA AT CUTTACK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Oct-2023 13:22:31 W.P.(C) NO. 34307 OF 2023
Sujit Kumar Padhi .... Petitioner
Mr. Bijaya Kumar Behera-I, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.K. Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 19.10.2023
1. 1. This matter is taken up through hybrid mode.
2. This writ petition has been filed seeking for a direction to the Sub-Registrar, Berhampur Town-Opposite Party No.8 to register the sale deed intended to be presented by the Petitioner in respect of Plot No.261 under Khata No.1482/1000, Plot No.6/3528/5164 under Khata No.1482/2398, Plot Nos.6/3528/5231 and 4/5230 under Khata No.1482/2452 situated in mouza Haladiapadar under Konisi Tahasil in the district of Ganjam (for short 'the case land') in terms of Bench Mark Valuation fixed as per the decision of the District Level Valuation Committee held on 27th January, 2022.
3. Mr. Behera, learned counsel appearing for the Petitioner submits that in the year 2021-22 Bench Mark valuation of the case land of the Petitioner was Rs.1,14,99,900/- (Annexure-2). Pursuant to the decision taken by the District Level Valuation Committee, it should have been enhanced by 10% to 40% as would appear from the minutes of the said meeting. Village Haladiapadar comes under Konisi Tahasil and decision taken for Page 1 of 5 // 2 // Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO enhancement of Bench Mark Valuation in respect of Konisi Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:22:31 Tahasil is as under:
"Konisi Tahasil:
The following proposal for maximum hike of the existing bench mark valuation in respect of different villages under Kanisi Tahasil were accepted by the committee since the cultivated lands of the said villages now used for residential purposes and growth of plotting areas. However the BMV of all other villages of the Tahasil proposed for hike of 10-40%.
Name of the village Maximum
Percentage of hike
Dubapalli 900%
Gobindapur 800%
Rangipur 592%
Venketraipur 1088%
Khajuria 620%
Kanisi 230%"
(emphasis supplied)
It is his submission that Village Haladiapadar does not find place in the aforesaid table. Thus, the Bench Mark Valuation of village Haladiapadar could have been increased by only 10-40%. However, the Sub-Registrar, Berhampur Town is insisting upon payment of stamp duty and registration fee treating the Bench Mark Valuation of the case land of the Petitioner to be Rs.4,35,60,000/-, which reveals from the information supplied by the Sub-Registrar, Konisi.
"BASIC REGISTER BENCH MARK VALUATION STATEMENT Year :- 2022-24 Name of Tahasil:- Kanisi Name of the Registration Officer: Berhampur (I) Name of the Village: Haladiapadar"
CATEGORY PLOT NUMBERS VALUE PER ACRE REMARKS Page 2 of 5 // 3 // Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Wet 261, 6/3528/5164, Rs.4,35,60,000/- Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:22:31 6/3528/5231 and 4/5230 Sd/- (Sub-Registrar, Berhampur-I)"
3.1 It is his submission that when the District Level Valuation Committee, Ganjam has taken a decision to enhance the Bench Mark Valuation by 10-40%, it could not have been enhanced more than that. But, the Sub-Registrar, Berhampur Town is refusing to register the sale deed, unless stamp duty and registration fee as per the enhanced Bench Mark Valuation, as stated above, is paid. It is further submitted that this Court in a similar case in Laxmi Silpa Kotini -v- State of Odisha and others in W.P.(C) No. 18568 of 2022, disposed of on 17th November, 2022, has directed as under:
"5. In view of the above, this Court has no hesitation to direct the Sub-Registrar, Berhampur-II- Opposite Party No.4 to register the sale deed in respect of the land situated in mouza Bhabinpur in terms of the decision taken in the meeting of District Level Valuation Committee, Ganjam, Ghhatrapur on 27th January, 2022 and the notification made pursuant thereto, whereby the bench mark valuation of land at village Bhabinpur has been fixed to Rs.23,41,057/- per acre, which has been made3 effective since 1st April, 2022."
3.2 It is his submission that Bench Mark Valuation can be enhanced biennially. Since it has already been enhanced as per the notification published on 31st March, 2022 pursuant to the decision of District Level Valuation Committee held on 27th January, 2022, further enhancement within two years is not permissible.
Page 3 of 5// 4 // Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO 3.3 It is further submitted by Mr. Behera, learned counsel Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:22:31 that pursuant to the decision of District Level Valuation Committee, the Bench Mark Valuation of the case land may be enhanced and fixed as under:
"VALUATION REPORT Sl. REVENUE PLOT NO. VALUATION OF MINIMUM MAXIMUM DURATION No. HIKE 10% HIKE 40% 2021-22 (PER ACRE)
1. 261, 6/3528/5164, 1,14,99,900/- 1,26,49,890/- 1,60,99,860/-
6/3528/5231 and 4/5230 He, therefore, prays for disposal of the writ petition in the light of the direction made in W.P.(C) No. 18568 of 2022 and W.P.(C) No.4530 of 2023.
4. Mr. Mishra, learned Additional Government Advocate had taken an adjournment to take instruction on the applicability of the direction made in W.P.(C) No. 18568 of 2022 to this case. It is his submission that the Opposite Party No.8 expressed his inability to register the sale deed at any Bench Mark Valuation lower than that is fixed as per the decision of the District Level Valuation Committee.
5. Taking into consideration the rival contentions made by learned counsel for the parties, this Court holds that enhancement of Bench Mark Valuation can be made biennially. Since a decision for enhancement has already been taken on 27th January, 2022, no further enhancement is permissible within two years from that date.
Page 4 of 5// 5 // Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO 6. In view of the above, this Court disposes of this writ Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:22:31 petition with a direction that the Sub-Registrar, Berhampur Town-Opposite Party No.8 shall register the sale deed, if presented by the Petitioner in respect of the case land in terms of the decision taken by the District Level Valuation Committee, Ganjam, Chhatrapur on 27th January, 2022 and the notification made pursuant thereto.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
bks Judge
Page 5 of 5