- (1.) Leave granted in all the Special Leave Petitions.
(2.) The facts in C.A. Nos. 5337-41 of 1990 are sufficient for disposal of all these appeals.
(3.) The respondents had entered into an agreement of sale on March 4, 1989, to purchase from the vendors, Virender Singh and Rupinder Singh, a portion of house (Kothi No. 519) situated in Model Town, Jallandhar, of an extent of 20 marlas for a consideration valued at Rs. 9,700/- per marla and they appear to have paid as earnest money of Rs. 95,000/. The sale deed was required to be executed and registered before November 30, 1989. Few days prior to the aforesaid date the instrument appears to have been valued at Rs. 50,000/- and stamp duty was paid and presented for the same. The Sub-Registrar, Jallandhar, opined that prevailing market value was not less than Rs. 15,000/- per marla and, on that basis, he required the vendee to revise the instrument and fix the consideration for the purpose of stamp duty and registration charges on the revised valuation. He formed his opinion on the basis of the instruction issued by the Government in Ex. PW. dated August. 4, 1988. Feeling aggrieved, the respondents filed writ petition in the High Court. The division Bench in C.P.W. No. 7360/88 by order dated May 18, 1990 (Reported in AIR 1991 Punj and Hry 26) held that the guidelines cannot control the quasi-judicial discretion given to the Registering Authority under Section 47A(1) of the Indian Stamp Act, 1899 as ameded by Punjab Stamp Act, 1982 which came into force with effect from August 4, 1982. Section 47 A reads thus:- "47-A(1):Instrument under valued how to be dealt with- If the Registering Officer appointed under the Registration Act, 1908 (Central Act No. 16 of 1908), while registering any instrument relating to the transfer of any property has reason to believe that the value of he property or consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, prefer the case to the Collector, for determination of the value of the property or the consideration, as the case may be, and the proper duty payable thereon. (2) On receipt of reference under sub-section(1), the Collecter shall, after giving the parties reasonable opportunity of being heard and after holding an enquiry in such manner as may be presecribed by rules under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay duty. (3) The Collector may suo motu, or on receipt of reference from the Inspector General of Registration or the Registrar of a district, appointed under the Registration Act 1908 (Central Act No. 16 of 1908) in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situate, shall, within two years from the date of registration of any insrument, not already referred to him under sub-section(1) call for and exmine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable tghereon and if after such examination, he has to believe that the value of consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with procedure provided for in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. (4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may, within thirty days from the date of that order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act. Explanation:- For the purpose of this section, value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer of such property." The relevant portion of the guidelines are:- "These floor prices will act only as guidelines to the Sub-Registrars and the Sub-Registrar is free to invoke Section 47-A if he is quasi-judicially satisfied that the value of the property in a particular transaction is higher than the prescribed rate etc. in that document. In other words, these prices are only, the minimum prices prescribed". ;