Rabindra Biradalai And Another vs State Of Odisha And Others
2023 Latest Caselaw 11156 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) NO. 25607 OF 2023
                 Rabindra Biradalai and another        ....       Petitioners
                                        Mr. Soumendra Pattanaik, Advocate
                                           -versus-
                 State of Odisha and others                .... Opp. Parties
                                                     Mr. Swayambhu Mishra,
                                                  Additional Standing Counsel
                       CORAM:
                       JUSTICE K.R. MOHAPATRA
                                         ORDER

Order No.                               12.09.2023
  2.        1.       This matter is taken up through hybrid mode.

2. Hard copy of the counter affidavit filed by Opposite Party No.3 in Court is taken on record.

3. The Petitioners in this writ petition pray for a direction to the Tahasildar-cum-Sub-Registrar, Gunupur-Opposite Party No.3 to register the sale deeds vide I.D. Nos. 1602301456 and 1602301457.

4. Mr. Pattanaik, learned counsel for the Petitioners submits that although the aforesaid sale deeds have been presented before the Sub-Registrar, Gunupur for registration, due to pendency of the civil litigation, i.e. C.S. No. 2 of 2016 and C.S. No.65 of 2017, he is sitting over the sale deeds and has not yet registered the same. It is his submission that no interim order has been passed in the suits restraining registration of the documents. As such, there is no legal impediment to register the aforesaid sale deeds.

5. Mr. Mishra, learned Additional Standing Counsel referring to the order passed by this Court in W.P.(C) No.12817 of 2023 (Annexure-B/3 to the counter affidavit filed by

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Opposite Party No.3) submits that at para-3 of the said order, this Court observed as under:

"3. For there is concrete materials establishing that the parties are in the civil litigations, this Court finds, there is no question in entertaining such reliefs here. The Writ Petition stands disposed of while relegating the parties back to find out their remedy available through the pending Civil Suits. It is however observes, the ultimate judgment and decree in the Civil Suits shall bind the parties involving the outcome in the Mutation Appeal No.14 of 2021 involved herein. It is made clear that even if there is no status quo order operating for the time being but in the event some property involved in the civil litigation, the parties involved in avoiding multiplicity of litigation."

5. In view of the above, the Sub-Registrar, Gunupur is not in a position to consider the sale deeds for registration.

6. Taking note of the rival contentions of the parties, this Court is of the opinion that the Sub-Registrar, Gunupur should not withold the documents presented for registration without passing any order on the same. If he is of the opinion that documents can be registered, the same should be registered at once. In the event he is of the opinion that documents so presented cannot be registered, he should pass order in terms of Section 71 of the Registration Act, 1908 and communicate the same to the Petitioner. The Sub-Registrar, Gunupur-Opposite Party No.3 is expected to act in accordance with law.

7. With the aforesaid observation, this writ petition is disposed of.

Signature Not Verified                   Urgent certified copy of this order be granted on proper
Digitally Signed                 application.
Signed by: BIJAY KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa, Cuttack                                 (K.R. Mohapatra)
Date: 13-Sep-2023 10:50:54
      bks                                                                     Judge