The High Court
Case Details
IN TH THE HIGH COURT OF ORISSA AT CU CUTTACK W.P.(C) No. 28526 of 2024 Charan arana Mohanty …. Petitioner Mr. Bijaya Kumar Beher Behera-I, Advocate -versus- State of of Odisha and others …. Opp. Parties Ms. B.L. T B.L. Tripathy, ASC C CORAM: HON’BLE MR. JUSTICE CHITTARAN H ORDER 07.03.2025 ARANJAN DASH Order No. 01 1. This mode. This matter is taken up through hybrid mode. 2. This writ petition has been filed seeking for This ing for a direction to the Sub Sub-Registrar, Konisi-Opposite Party No.8 to o.8 to register the sale deed in eed intended to be presented by the Petitioner ioner in respect of Plot No.377 o.377 under Khata No.79 situated in mouza R ouza Ralava under Kanisi Taha i Tahasil in the district of Ganjam (for short ‘the ort ‘the case land’) in terms of B s of Bench Mark Valuation fixed as per the de ct Level Valuation Committee held on 27th Janu District Lev January, 2022. the decision of the 3.
Legal Reasoning
Mr. Behera, learned counsel for the Petitioner Mr. itioner submitted that the co- -ordinate Bench of this Court has disposed posed of W.P.(C) No.4281 of of 2024 in a similar case. 4. As contended in the Writ Petition in the y As c the year 2021-22 Bench Mark Mark valuation of the case land of the Pe the Petitioner was Rs.6,70,900 00/- (Annexure-2). Pursuant to the decisi decision taken by the District istrict Level Valuation Committee, it should should have been enhanced by ced by 10% to 40% as would appear from the om the minutes of Page 1 of 5 the said mee id meeting. Village Ralava comes under Ka Kanisi Tahasil and decision cision taken for enhancement of Bench Mark Valuatio aluation in respect of Kanisi Tahasil ahasil is as under: “Kanisi Tahasil: The following proposal for maximum hike existin village comm used Howev propo in respect of isting bench mark valuation llages under Kanisi Tahasil were accepted mmittee since the cultivated lands of the said villag ed for residential purposes and growth of plotting owever the BMV of all other villages of the oposed for hike of 10-40%. hike of the different the by illages now tting areas. Tahasil Name of the village Dubapalli Gobindapur Rangipur Venketraipur Khajuria Kanisi of hike Maximum Percentage of 0% 900% 800% 2% 592% 1088% 0% 620% 0%” 230%” (emphasis supp supplied) It is the fur he further contention of the Petitioner that Vil at Village Ralava does not fin ot find place in the aforesaid table. Thus, the s, the Bench Mark Valuation o tion of village Ralava could have been increa increased by only 10-40%. H However, the Sub-Registrar, Konisi is in i is insisting upon payment of of stamp duty and registration fee treating treating the Bench Mark Valu Valuation of the case land of the Petiti Petitioner to be Rs.2,67,70,0 7,70,000/, which reveals from the information ation supplied by the Sub-Reg Registrar, Konisi. “BASIC REGISTER BENCH MARK VALUATION STATEMENT Year :- 2022-24 Name of Tahasil:- Kanisi Nam Name of the Registration Officer: Konisi Nam Name of the Village: Ralava” Nam Page 2 of 5 CATEGORY PLOT NUMBERS VALUE ACRE PER REMARKS Billa Jala Sechita Dophasali-1 377 Rs.2,67,70,000/ Sd/- (Sub-Registrar, Ko Konisi)” 4.1 Acco According to the Petitioner when the Di he District Level Valuation C tion Committee, Ganjam has taken a decision cision to enhance the Bench M ench Mark Valuation by 10-40%, it could no uld not have been enhanced m ced more than that. But, the Sub-Registrar gistrar, Konisi is refusing to ng to register the sale deed, unless stamp stamp duty and registration ration fee as per the enhanced Bench Mark V ark Valuation, as stated above above, is paid. It is further submitted that thi hat this Court in a similar case r case in Laxmi Silpa Kotini -v- State of others in W in W.P.(C) No. 18568 of 2022, disposed of Odisha and posed of on 17th November, 2 ber, 2022, has directed as under: this Court the above, In view of “5. “5. hesi hesitation to direct the Sub-Registrar, Berham Opp Opposite Party No.4 to register the sale respect of the land situated in mouza Bhabin resp terms of the decision taken in the meeting of term Level Valuation Committee, Ganjam, Ghhatra Leve 27th th January, 2022 and the notification made p thereto, whereby the bench mark valuation of ther villa village Bhabinpur has been fixed to Rs.23,41,05 acre acre, which has been made effective since 1 2022.” 2022 has no rhampur-II- deed in abinpur in of District atrapur on pursuant of land at 1,057/- per 1st April, 4.2 It is also submitted that Bench Mark Valua It is Valuation can be enhanced bi ced biennially. Since it has already been enha tification published on 31st March, 2022 pur the notificat n enhanced as per decision of of District Level Valuation Committee January, 20 ry, 2022, further enhancement within two y two years is not Page 3 of 5 2 pursuant to the held on 27th ssible. permissible. 4.3 It is further submitted by Mr. Sarangi, lea It is gi, learned Senior Advocate t cate that pursuant to the decision of Di of District Level Valuation C tion Committee, the Bench Mark Valuation ation of the case land may be ay be enhanced and fixed as under: “VALUATION REPORT Sl. REVENU ENUE PLOT NO. VALUATION OF MINIMUM MAXIMUM No. 1. DURATION 2021-22 (PER ACRE) HIKE 10% HIKE 40% 377 6,70,900/- 7,37,990/- 9,39,260/- He, therefor erefore, prays for disposal of the writ petition etition in the light of the dire e direction made in W.P.(C) No. 18568 o 568 of 2022 and W.P.(C) No C) No.4530 of 2023. 5. Heard Ms. Tripathy, Hea learned Additiona ditional Standing Counsel. It is her submission that the Opposite posite Party No.8 expressed h ssed his inability to register the sale deed at eed at any Bench Mark Valua Valuation lower than that is fixed as per the de the decision of the District Lev ct Level Valuation Committee. 6. Taking into consideration the rival contentio Taki ntentions made by learned co d counsel for the parties, this Court ourt holds that enhancemen cement of Bench Mark Valuation can be mad Since a deci a decision for enhancement has already been tak e made biennially. een taken on 27th January, 202 ry, 2022, no further enhancement is permissible issible within two years from t from that date. 7. In view of the above, this Court disposes In v poses of the writ petition with n with a direction that the Sub-Registrar, Koni , Konisi -Opposite Page 4 of 5 Party No.8 No.8 shall register the sale deed, if presen presented by the Petitioner in ner in respect of the case land in terms of s of the decision taken by th by the District Level Valuation Committe rapur on 27th January, 2022 and the notific Chhatrapur mmittee, Ganjam, notification made pursuant the ant thereto. (Chittaranjan Das Judge Dash) Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 10-Mar-2025 10:09:08 Page 5 of 5