JUDGMENT Mr. Satish Kumar Mittal, J.:- The petitioner had purchased Flat No.C2-1078 (Ground Floor), Palam Homes, Palam Vihar, Gurgaon in his own name as well as in the names of his wife Mrs. Surjit Vig and daughter Ms. Bhavna Vig from the previous owner Dr.l Sandeep Dhir and his wife Dr. Archana Dhir vide an Agreement to Sell dated 29.4.2005 (Annexure P1) for a consideration of Rs.20,00,000/-. The petitioner also got clearance from M/s Ansal Developers, from whom the previous owner had purchased the flat and got entered his name in its record. The money paid by the previous owner, i.e., Rs.14,28,586/-, which was the original sale price, also stood transferred in the name of the petitioner, his wife and his daughter. Under the said agreement, the physical possession of the flat was handed over by the developer to the petitioner, his wife and his daughter. 2. It is the case of the petitioner that immediately after the purchase of the said flat, he approached the office of the Sub Registrar for getting the sale deed registered, but the sale deed of the individual floor was not registered because at that time there was a ban on such registration. Till date, the petitioner has not presented the sale deed for registration under the Registration Act, 1908 before the Sub Registrar, Gurgaon. Meanwhile, the Circular of Collector’s rate was revised w.e.f. 1.4.2011 fixing new rates for various areas/locations in Tehsil Gurgaon for the year 2011 for the purpose of registration of sale deed/Conveyance Deed, including in respect of the flat of the petitioner, at the rate of Rs.3250/- per Sq. Ft. 3. Now in the present writ petition, the petitioner is praying that the Sub Registrar, Gurgaon be directed to register the sale deed with respect to the aforesaid flat by charging the stamp duty/registration fee on the amount of Rs.20,00,000/- on which he had purchased and not on the basis of the Collector’s rates circulated by the Deputy Commissioner. He has also prayed that the Circular of the Collector’s rates issued by the Deputy Commissioner is not truly depicting the market price, hence, the same is illegal and should not have been taken into consideration while registering the sale deed. 4. He has also prayed that the Circular of the Collector’s rates issued by the Deputy Commissioner is not truly depicting the market price, hence, the same is illegal and should not have been taken into consideration while registering the sale deed. 4. In the reply filed on behalf of respondents No.3 to 6, it has been stated that till date the petitioner never approached the office of Sub Registrar for registration of the Conveyance Deed/Sale Deed. It has been further stated that whenever any sale deed is presented before the Sub Registrar for registration, the same will be got registered in accordance with law while charging the stamp duty at the current market rate of the properties in the area. It has been stated that the Conveyance Deed of the petitioner cannot be registered now on the old sale consideration in the year 2005. The sale consideration is to be assessed on the basis of the market/Collector’s rates of the property as existed at the time of registration of the Conveyance Deed and not at the rates prevailing at the time when the parties had entered into an agreement to sell the property. It has been further stated that the Government of Haryana had issued the aforesaid letter directing the Deputy Commissioners to revise the rates as per the prevailing market value of the categories of land for the facilitation of registration. In pursuance of the said letter, the Deputy Commissioners-cum-Registrars have revised the Collector’s rates in their respective areas on the recommendation of a Committee constituted under the supervision of the Deputy Commissioner, consisting of Sub Divisional Magistrate, District Revenue Officers concerned, Tehsildars and Administrator of the Municipal Committee, as per the guidelines issued by the Financial Commissioner. It has been stated that in the entire petition, it has not been disclosed as to how the prevailing market value fixed in the said Circular is arbitrary or excessive. 5. After hearing the learned counsel for the parties, we are of the opinion that the writ petition filed by the petitioner is wholly premature. The petitioner has not produced any sale deed/Conveyance Deed for registration before the Sub Registrar under the provisions of the Registration Act, 1908, as per record. 5. After hearing the learned counsel for the parties, we are of the opinion that the writ petition filed by the petitioner is wholly premature. The petitioner has not produced any sale deed/Conveyance Deed for registration before the Sub Registrar under the provisions of the Registration Act, 1908, as per record. If such sale deed is presented, then the Sub Registrar/Registrar is bound to assess the stamp value as per the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899 and Rules framed thereunder, as per the prevailing market value. While determining the said market value, the Sub Registrar can also look into the Collector’s rates fixed in the particular area by the Committee. If the petitioner feels aggrieved against the determination of the said market value, it is always open to him to avail the remedy of appeal provided under the statutes, but at present without presenting the sale deed, no direction, as prayed for, can be issued to the Sub Registrar to register a particular sale deed/Conveyance Deed on a particular rate. It is the function and duty of the Sub Registrar to determine the stamp duty in accordance with law when sale deed/Conveyance Deed is presented before him for registration. As far as the Circular issued by the Deputy Commissioner at Collector’s rates is concerned, the petitioner did not produce any material on the basis of which it can be said to be illegal or arbitrary. In the Circular, the rate of property, including in respect of the flat of the petitioner, has been fixed @ Rs.3250/- per Sq. Ft., which, in our opinion, does not appear to be unreasonable at all as the price of the properties in Gurgaon is touching the sky day by day. Moreover, under the statutes, the Government is fully justified to issue the directions to the Deputy Commissioner-cum-Registrar to form a Committe under the supervision of the Deputy Commissioner, consisting of Sub Divisional Magistrate, District Revenue Officers concerned, Tehsildars and Administrator of the Municipal Committee, as per the guidelines issued by the Financial Commissioner. In any case, the Sub-Registrar would apply his mind to the correctness of the value of the stamp papers, as he is statutorily bound to do, when the instrument is presented to him. 6. In any case, the Sub-Registrar would apply his mind to the correctness of the value of the stamp papers, as he is statutorily bound to do, when the instrument is presented to him. 6. In view of the aforesaid facts, no relief can be granted to the petitioner in the present writ petition which is wholly premature. Therefore, we dismiss the same with liberty to the petitioner to present the sale deed/Conveyance Deed before the competent authority, in accordance with law. If he is aggrieved against any order, then he may seek his remedy of appeal provided under the statues, in accordance with law. --------0.B.S.0------------