Orissa High Court
*** vs State Of Odisha & Others on 18 August, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.22092 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Deepak Kumar Dash
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. S. Mishra, Advocate
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 18.08.2025 :: Date of Judgment : 18.08.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Article 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for directing the District Sub-Registrar, Puri in the
district of Puri (O.P. No.4) to accept the deed of sale of the
petitioner for registration, because, the District Sub-Registrar,
Puri in the district of Puri (O.P. No.4) is not receiving the deed
of sale of the petitioner presented for registration. For which,
without getting any way, the petitioner has filed this writ
petition.
2. Heard from the learned counsels of both the sides.
3. The law is very much clear that, the Sub-Registrar
cannot orally refuse to receive any document, when the same
is presented for registration. He/she is either to register the
document or to refuse to register the same indicating the
reasons for non-registration, if that document is not legally fit
for 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, but if the said document is not in compliance with the
provisions of law, the Sub-Registrar may refuse to accept that
document for registration assigning the reasons in writing
about the same.
4. 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) and in a case between Antaryami Nayak
Vs. State of Odisha & Others in WP(C) No.18548 of 2025
decided on 11.07.2025 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.
5. So, by applying the principles 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 District
Sub-Registrar, Puri in the district of Puri (O.P. No.4) to receive
the deed of sale, if presented by the petitioner for registration
with the certified copy of this Judgment and to act upon the
same as per The Indian Registration Act, 1908 and The Orissa
Registration Rules, 1988 in accordance with the principles of
law enunciated in the ratio of the above decisions.
If the said deed is registered, then after registration of
the said deed of sale, the District Sub-Registrar, Puri shall
return that sale deed to the petitioner within 3 days of its
registration after complying all the formalities thereof as per
the Rule 100 of The Orissa Registration Rules, 1988 and
Notification No.2915 dated 02.08.2017 of I.G.R of Odisha.
6. Accordingly, the writ petition filed by the petitioner is
disposed of finally.
7. Urgent certified copy of this Judgment be granted to the
petitioner on proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
Signature High
NotCourt
Verified
of Orissa, Cuttack
The 18 .08. 2025// Rati Ranjan Nayak
Digitally Signed Sr. Stenographer
Signed by: RATI RANJAN NAYAK
Reason: Authentication
Location: High Court of Orissa, Cuttack, India.
Date: 19-Aug-2025 19:54:38
