Kanchan Prasad @ Kanchan vs Collector
2024 Latest Caselaw 16438 Ori

Orissa High Court

Kanchan Prasad @ Kanchan vs Collector on 8 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
               W.P.(C) No.16721 of 2024

  (In the matter of an application Under Articles 226 & 227
  of the Constitution of India)

   Kanchan Prasad @ Kanchan               ....        Petitioner
   Manish Thacker
                        -versus-
   Collector, Jharshuguda and             ....         Opposite
   others                                             Parties


   For Petitioner      :    Mr. M. Kanungo, Sr. Advocate along
                           with Mr. S. Das, Advocate

   For Opposite        : Mr. B.K. Bal, AGA
   Parties


       CORAM:
                   JUSTICE G. SATAPATHY

    DATE OF HEARING & JUDGMENT:08.11.2024(ORAL)

G. Satapathy, J.

1. This writ petition by the Petitioner under Articles

226 & 227 of the Constitution of India seeks for a

direction OP No. 2-District Sub-Registrar, Jharsuguda to

register the sale deed dated 23.11.2023 in respect of

the schedule land under Khata No. 747/6419, Plot No.

2660/12868 measuring an area Ac.0.010 dec, Mouza-

Jharsuguda, Town Unit No.2, Balijori, PS/Tahasil-

Jharsuguda, Dist- Jharsuguda, PS No.9, Tahasil No.181.

2. At the outset, Mr. Milan Kanungo, learned

Senior counsel appearing along with Mr. Sidhartha Das,

learned counsel for the Petitioner submits that although

the Petitioner presented an instrument of sale in

respect of the schedule land describing therein the

executants belong to "Gond Tribe" supported with a

caste certificate, but the learned Registering authority

written letter to the Tahasildar, Jharsuguda to verify

the genuineness of such certificate, but subsequently

on the same day refused to register the sale deed on

the ground that no record is found showing issuance of

caste certificate to the Petitioner.

3. On the contrary, Mr. B.K. Bal, learned AGA,

however, submits that the impugned order is an

appealable one and the Petitioner should have

approached the appellate authority instead of

approaching directly to the writ Court.

4. After hearing the learned counsel for the parties

and on going through the materials placed on record,

there appears no dispute that the instrument presented

by the Petitioner has been refused by the DSR to

register on the ground that the certificate produced by

him was verified, but on verification, it was confirmed

that no record was available in the Tahasil Officer with

regard to issuance of Caste certificate. Be that as it

may, whatever order the Registering Authority has

passed refusing to register the instrument, but the

same is appealable one in view of Sec. 72 of Indian

Registration Act, 1908. In the circumstance, when the

order impugned in this case is an appealable one, this

Court does not consider it proper to issue any direction

to any authority concerned or interfere in the matter.

5. In view of the above, this Court without

expressing any opinion on merits of the case dismisses

the writ petition. However, the Petitioner is at liberty to

approach the appellate forum. The appellate forum

while dealing the appeal shall not be influenced by the

dismissal of the writ.

(G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 8th of November, 2024/Priyajit

Location: HIGH COURT OF ORISSA