Swapnaneer Building Pvt. Ltd vs State Of Odisha And Others
2021 Latest Caselaw 12165 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.31713 of 2021
                                 (Through hybrid mode)

            Swapnaneer Building Pvt. Ltd.           ....           Petitioner

                                              Mr. H.N.Mohapatra, Advocate

                                         -versus-

            State of Odisha and others              ....    Opposite parties

                                                     Ms. P.C. Panda, AGA
                        CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

25.11.2021

Order No.

03. 1. Mr. Mohapatra, learned advocate appears on behalf of petitioner and submits, the document was presented for registration on 22nd March, 2021 but by impugned order dated 21st September, 2021, six months after presentation, registration was refused. He draws attention to the receipt to demonstrate date of presentation. He submits further, the document was actually registered and thereafter the authority could not refuse. He seeks direction for production of the original document.

2. Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, in the receipt granted under section 52 of Registration Act, 1908 there is legend that if the document is refused for registration, the registration fee shall be returned.

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3. Mr. Mohapatra then submits with reference to annexure-6 in the counter being circular dated 17th November, 2014 issued by Revenue Department to all Collectors, Inspector General of Registration, Odisha, Cuttack. It has been stated therein that if record of rights did not stand in name of transferor, he has to produce documents to show that title flows to him to satisfaction of the Registering Officer. He submits, annexure-2 in the writ petition is judgment dated 31st March, 2007 in Title Suit no.44/399 of 2004/1998 (Bulamani Moharana Vrs. State of Orissa and others), which clearly shows flow of title, ultimately to his client by the sale deed presented for registration.

4. Mr. Panda responds that enquiry on merits must be by appeal and not by writ petition.

5. Petitioner will approach the Registrar by preferring appeal. On appeal being preferred, the Registrar is requested to deal with it expeditiously, preferably within two months from date of its filing.

6. The writ petition is disposed of as above.

(Arindam Sinha) Judge Prasant