Orissa High Court
Phaguni Oram vs State Of Odisha & Ors on 17 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.15182 OF 2023
Phaguni Oram .... Petitioner
Mr.R.Agarwal, Adv.
-versus-
State of Odisha & ors. .... Opposite Parties
Mr.S.Ghosh, AGA
CORAM:
JUSTICE BISWANATH RATH
ORDER
Order No. 17.07.2023
03. 1. Heard learned counsel for the Parties.
2. On consent of Parties, this matter is taken up for final
hearing. Undisputedly the conversion involving status of the land
involved herein appears to have been allowed in allowing the
proceeding under Section 8(A) of the O.L.R. Act. Accordingly there
has been consequential preparation of Record of Rights. It is after
the conversion is allowed, the applicant having attempted to sale the
land, there has been attempt for registration of the instrument
involved therein. Registration having been turned down by the
Registering Authority, an Appeal has been preferred involving Misc.
(Registration) Appeal No.2 of 2022. In undertaking an Appeal
exercise, the Competent Authority even in spite of the decision of
this Court in similar case, may be on the premises of pendency of the
// 2 //
Writ Appeal declined to allow the Appeal and thereby rejected the
Appeal involved herein.
3. Taking this Court to the decision in W.P.(C) No.18171 of
2016 vide Annexure-5, inference has been drawn by learned counsel
for the Petitioner to satisfy the Court that once there is already a
decision of this Court involving similar issue particularly when such
decision is even affirmed in dismissal of the Writ Appeal bearing
W.A. No.1678 of 2022, there is no other option with the Competent
Authority than to be abided by the judgment of this Court. It is, in
the above premises, the Appeal order is assailed and sought to be
quashed.
4. Learned Additional Government Advocate, however, finds
no scope to dispute the point of law as the issue involved is already
decided in W.P.(C) No.18171 of 2016 and there is also affirmation
of the same judgment in the dismissal of W.A. No.1678 of 2022, for
there is production of copy of Division Bench order also in the
process of hearing.
5. In the circumstance, this Court finds, the Single Judge
judgment observing, once there is already conversion by the
competent court of law, unless such conversion order has been
challenged in appropriate forum and order therein is set aside by
competent court of law, the authorities under the Registration Act
are bound by the same.
// 3 //
6. In the circumstance and for the ratio decided in W.P.(C)
No.18171 of 2016 has a direct application to the case at hand, this
Court finds, reasons in rejection of the Misc. (Registration) Appeal
Case No.2 of 2022 are not sustainable in the eye of law. This Court,
accordingly, interfering with the order at Annexure-4, sets aside the
same.
7. In the event the instrument seeking registration involving the
land involved herein is lying with the Registering Authority, the
concerned Sub-Registrar is directed to pass the registration involving
such instrument. This Court also clarifies that in the event the
instrument is returned to the applicant seeking registration, it may be
open to the applicant to surrender the instrument for registration of
the same by the Competent Authority within one week along with
certified copy of this order for his undertaking the registration
exercise. Work involving the registration be concluded at least
within a period of one week from the date of communication of this
order either by learned State Counsel or by the Petitioner along with
copy of instrument, if it is in the custody of the Petitioner herein.
8. The Writ Petition stands disposed of with the above
observation and direction.
Signature Not Verified
Digitally Signed (Biswanath Rath)
Signed by: MANOJ KUMAR ROUT
Reason: Authentication Judge
Location: High Court of Orissa
Date: 18-Jul-2023 10:58:45
M.K.Rout
