Orissa High Court
Padmini Bala vs State Of Odisha And Others .... Opposite ... on 18 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18321 of 2025
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Padmini Bala .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. A.K. Parida,
Advocate.
For Opposite Parties - Mr. G. Mohanty,
Standing Counsel
B. K. Nayak,
Advocate. (for O.P. No.5)
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :18.08.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner praying for
directing the Sub-Registrar, Balianta (O.P. No.3) to receive the deed for
sale, if presented by the petitioner for registration. Because, the originals
of the deed for sale vide Annexure-1 was presented by the petitioner
before O.P. No.3 on dated 16.04.2025 for registration, but O.P. No.3
orally refused to receive the same.
For which, without getting any way, the petitioner approached this
Court by filing this writ petition praying for directing the O.P. No.3
through issuance of writ of mandamus to receive the deed for sale, if
presented by the petitioner for registration and to act upon the same.
3. Heard from the learned counsel for the petitioner, learned SC for
O.P. Nos.1 to 4 and learned counsel for O.P. No.5.
4. The law is very much clear that, the Sub-Registrar cannot orally
refuse to receive any document, when the same is presented for
registration. Because, as per law, the Sub-Registrar either to register the
document or to refuse to register the same indicating the reasons for non-
acceptance for registration, if that document is not legally fit for
acceptance and registration.
According to The Registration Act, 1908 and The Orissa
Registration Rules, 1988, when a document is presented for registration,
it is the duty of the Sub-Registrar to receive the same and if it is not in
compliance with the provisions of law, the Sub-Registrar may not register
the same assigning the reasons in writing for such non-acceptance for
registration and refusal.
5. On this aspect, the propositions of law has already been clarified in
a decision between North East Infrastructure Private Limited and Ors.
Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2)
Civ.C.C. 220 (Andhra Pradesh) that,
the Sub-Registrar/Registrar, cannot orally refuse to receive the
document and would consider the fitness of it for registration or
otherwise. Section 71 of the Registration Act, 1908 empowers
the Registration Authorities to receive a document which is
presented for registration and process the same, and thereafter,
either register such sale deed or any other document or pass a
refusal order.
6. So, by applying the propositions of law enunciated in the ratio of
the above decisions and also taking the Rule 147 of The Orissa
Registration Rules, 1988 into account, it is felt proper to dispose of this
writ petition finally directing the Sub-Registrar, Balianta (O.P. No.3) to
receive the deed for sale, if presented by the petitioner with the certified
copy of this judgment for registration and to act upon the same as per The
Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.
7. Accordingly, the writ petition filed by the petitioner is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
18.08.2025//Utkalika Nayak//
Junior Stenographer
Signature Not
Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 19-Aug-2025
15:40:44
