Orissa High Court
*** vs State Of Odisha & Others on 18 August, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.22031 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Bidyadhar Dash
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. K.K. Sahu, 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 Sub-Registrar, Chandbali in the
district of Bhadrak (O.P. No.4) to accept the deed of sale of the
petitioner for registration, because, the Sub-Registrar,
Chandbali in the district of Bhadrak (O.P. No.4) is not
receiving the deed of sale of the petitioner presented for
registration stating that, the petitioner has no power to
transfer his undivided share without the consent of his co-
sharers. 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. Section 44 of the T.P. Act, 1882 provides inherent
right/power to a co-sharer of a joint property like the
petitioner to transfer/alienate his/her undivided share in
the joint property without the consent of his co-sharer or
co-sharers and Sub-Registrar has no power to refuse to
receive the sale deed, if presented for registration by a co-
sharer like the petitioner in this matter even if the said
deed for sale is executed without the consent of his co-
sharers.
On this aspect the propositions of law has already been
clarified in the decision between Damodar Mishra Vs. State
of Odisha & Others decided on 03.04.2025 in WP(C)
No.4340 of 2025.
6. 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 Sub-
Registrar, Chandbali in the district of Bhadrak (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 same, the Sub-Registrar, Chandbali 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.
7. Accordingly, the writ petition filed by the petitioner is
disposed of finally.
8. Urgent certified copy of this Judgment be granted to the
petitioner on proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 18 .08. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
