Orissa High Court
*** vs State Of Odisha & Others on 16 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.24710 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Rupa Tandi & Another ... Petitioners.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioners : Mr. Ghanashyam Das, Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel. P R E S E N T:
HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 16.09.2025 :: Date of Judgment : 16.09.2025 WP(C) No.24710 of 2025 Page 1 of 6 J UDGMENT ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the Sub-Registrar, Titilagarh in the district of Bolangir (O.P. No.5) to accept the deed of sale of the petitioners for registration, because, the Sub-Registrar, Titilagarh in the district of Bolangir (O.P. No.5) orally refused to receive that deed for sale for registration stating that, their co-sharers have not signed in that deed for sale. For which, without getting any way, the petitioners has filed this writ petition praying for directing the Sub-Registrar, Titilagarh in the district of Bolangir (O.P. No.5) to receive the deed for sale of the petitioners and to register the same.
2. Heard from the learned counsels of both the sides.
3. The law is very much clear that, the Sub-Registrar cannot orally refuse to receive any document, when the same is presented for registration. He/she is either to register the document or to refuse to register the same indicating the WP(C) No.24710 of 2025 Page 2 of 6 reasons for non-registration, if that document is not legally fit for registration.
According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for registration, it is the duty of the Sub-Registrar to receive the same, but if the said document is not in compliance with the provisions of law, the Sub-Registrar may refuse to accept that document for registration assigning the reasons in writing about the same.
4. On this aspect, the propositions of law has already been clarified in a decision between North East Infrastructure Private Limited and Ors. Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2) Civ.C.C. 220 (Andhra Pradesh) and in a case between Antaryami Nayak Vs. State of Odisha & Others in WP(C) No.18548 of 2025 decided on 11.07.2025 that, "the Sub-Registrar/Registrar, cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same.
WP(C) No.24710 of 2025 Page 3 of 6
5. Section 44 of the T.P. Act, 1882 provides inherent right/power to the co-sharers of a joint property like the petitioners to transfer/alienate their undivided shares in their joint property without the consent of their other co- sharer or co-sharers and Sub-Registrar has no power to refuse to receive the sale deed, if presented for registration by co-sharers like the petitioners in this matter even if the said deed for sale is executed without the consent and signatures of their other co-sharers as vendors with the petitioners.
On this aspect the propositions of law has already been clarified in the decision between Damodar Mishra Vs. State of Odisha & Others decided on 03.04.2025 in WP(C) No.4340 of 2025 wherein it has been held that, As per Section 44 of the T.P. Act, 1882, co- sharers/co-owners have their inherent right to alienate their shares/interests in the Joint and Undivided properties to the extent of their shares. Therefore, even there will be any sale of specific portion of land in the joint and undivided properties by co-owners of the same indicating boundaries thereof, still then, the said WP(C) No.24710 of 2025 Page 4 of 6 transfer/sell would be deemed as a transfer of shares of the vendors in the said joint and undivided property. Any executive instruction or circular issued by any authority including Government contrary to the statutory law envisaged under Section 44 of the T.P. Act, 1882 restricting co-owners/co-sharers to alienate their undivided shares/interests in their joint and undivided property shall be deemed as non-est. Because, executive instructions and circulars have no applicability where statutory law governs the field.
6. So, by applying the principles of law enunciated in the ratio of the above decisions and also taking the Rule 147 of The Orissa Registration Rules, 1988 into account, it is felt proper to dispose of this writ petition finally directing Sub- Registrar, Titilagarh in the district of Bolangir (O.P. No.5) to receive the deed for sale of the petitioners for alienation of their shares in the plots covered in their deed for sale without indicating the sale of any specific portion of the said plots and without indicating the boundaries thereof, but only indicating the alienation of their shares/interests therein on presentation of the said deed for sale of the petitioners WP(C) No.24710 of 2025 Page 5 of 6 annexing the certified copy of this Judgment and act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988 in accordance with the principles of law enunciated in the ratio of the above decisions.
If the said deed is registered, then, after registration of the same, the Sub-Registrar, Titilagarh in the district of Bolangir (O.P. No.5) shall return that sale deed to the petitioners within 3 days of its registration after complying all the formalities thereof as per the Rule 100 of The Orissa Registration Rules, 1988 and Notification No.2915 dated 02.08.2017 of I.G.R of Odisha.
7. Accordingly, the writ petition filed by the petitioners is disposed of finally.
(ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 16 .09. 2025// Rati Ranjan Nayak Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 16-Sep-2025 16:13:05 WP(C) No.24710 of 2025 Page 6 of 6