Rajashree Padhy v. State of Odisha
Case brief
What is this about?
Odisha High Court writ petitions (W.P.(C)) against DLVC/SDVC Ganjam Bench Mark Valuation enhancement 2024-2026; Odisha Stamp Rules 1952 Rules 37, 37-A, 38-47, 40(2); DLVC lacks power to enhance valuation by percentage; Rule 37 constitution/nominee non-compliance; Annexures 3 and 4 quashed; reconstitution of DLVC ordered; three-month timeline for revised valuation; Collector's 10% Rule 40(2) enhancement option; relied_on AIR 2009 (Orissa) 172 (D.B.) and 2013 (I) OLR 344; Articles 226/227 maintainability; writ of Mandamus for statutory duty breach.
What did the court decide?
All the writ petitions allowed; Annexures 3 and 4 quashed; Opposite Parties directed to constitute the DLVC and other Committees per Rule 37 and complete fixation of revised Bench Mark Valuation for 2024-2026 preferably within three months; Collector, Ganjam given liberty to exercise Rule 40(2) power to enhance previously fixed Bench Mark Valuation by ten per cent within seven days, failing which Sub-Registrars shall register sale deeds on the basis of the previously fixed Bench Mark Valuation for 2022-2024 till communication of fresh/revised approved Bench Mark Valuation.