3 11.6.2021 This Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 6345 Ori

                       W.P.(C) NO.38492 OF 2020




3   11.6.2021               This matter is taken up by video conferencing mode.
                            Heard learned counsel for the Petitioners and learned
                State Counsel.
                            The Petitioners have an allegation involving       non-
                registration of the instrument tendered by them.
                            Referring to the decision of this Court in Sitarani
                Rath vrs. The Inspector General of Registration, Odisha &
                Ors. : 2015 (II) ILR-CUT-344, learned counsel for the Petitioners
                submits that for the settled position of law, there is in fact, no
                obstruction in registering the instrument and the Registering
                Authority is not understanding the purport of the law settled in
                the meantime.
                            On the selfsame issue, it appears, the Petitioners
                have a pending representation at Annexure-6. This Court,
                therefore, in disposal of the Writ Petition directs the        Sub-
                Registrar, Barang, O.P.4 to consider the request of the Petitioners,
                vide Annexure-6 involving registration of the instrument also
                taking into consideration the settled position of law through the
                decision in Sitarani Rath (supra) and take decision by completing
                the entire exercise within ten days from the date of extension of
                the instrument along with copy of the above decision and the
                judgment and decree involving the suit by the Petitioners.
                            As restrictions due to the COVID-19 situation are
                continuing, learned counsel for the parties may utilise the soft
                copy of this order available in the High Court's Website or Print
                Out thereof at par with certified copies in the manner prescribed,
                vide Court's Notice No.4587 dated 25th March, 2020 subject to it
                being attested by the Advocate concerned.



                                                   ..............................
                                                   Biswanath Rath, J.

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