Orissa High Court

Ritesh Patel vs State Of Odisha & Others ........... ... on 26 August, 2025

                 ORISSA HIGH COURT : CUTTACK

                 WP(C) No. 23804 of 2025
An application under Articles 226 & 227 of the Constitution of
                                India.
                                ***

Ritesh Patel                      .............        Petitioner



                                 -VERSUS-

State of Odisha & Others        ...........            Opposite Parties




Counsel appeared for the parties:

For the Petitioner            : Mr. J.K. Majhi,Advocate.


For the Opposite Parties      : Mr. G. Mohanty, SC.




P R E S E N T:

                     HONOURABLE
         MR. JUSTICE ANANDA CHANDRA BEHERA



Date of Hearing: 26.08.2025      ::   Date of Judgment : 26.08.2025



                                 J UDGMENT

ANANDA CHANDRA BEHERA, J.--

1. This writ petition under Articles 226 and 227 of the

Constitution of India, 1950 has been filed by the Petitioner

against the Opposite Parties praying for directing the Sub-

Registrar, Banki (O.P. No.3) to register the deed for sale dated

18.08.2025 (original of Annexure-1).

2. The case of the petitioner in this writ petition is that, when

he (petitioner) presented the deed for sale dated 18.08.2025

(original of Annexure-1) before the Sub-Registrar, Banki (Opp.

Party No.3) as the registered power of attorney holder of the

executant Manjuli Nayak being present with the

vendee/purchaser of the said deed and witnesses thereof along

with the original registered power of attorney executed in favour

of the petitioner by the executant for registration of the deed for

sale, the Opp. Party No.3 orally refused to receive the said deed

for sale (original of Annexure-1) and expressed orally that, unless

the principal of the petitioner i.e. Manjuli Nayak appears before

him (Opp. Party No.3) and present the deed for sale personally,

he (Opp. Party No.3) shall not receive the same for registration

and he (Opp. Party No.3) shall not register the same and also

further expressed that, the deed for sale cannot be registered on

presentation made by the power of attorney holder i.e. by the

petitioner, because, the physical presence of the principal of the

petitioner i.e. Manuli Nayak before him (Opp. Party No.3) is

compulsory for registration of the deed.

3. On being dissatisfied with the aforesaid refusal to receive

deed for registration by the O.P. No.3, the Petitioner filed this writ

petition under Articles 226 and 227 of the Constitution of India,

1950 praying for directing the O.P. No.3 to accept the deed for

sale dated 18.08.2025 executed by Manjuli Nayak through her

registered power of attorney holder i.e. petitioner in favour of the

vendee/purchaser thereof for registration and to register the

same on presentation by the petitioner, as the registered power of

attorney holder of the executant Manjuli Nayak.

4. I have already heard from the learned counsel for the

Petitioner and the learned Standing Counsel for the State-Opp.

Parties.

5. Sub-Clause 1(a) of Section 33 of The Registration Act

provides that, when, a deed for sale is presented for registration

on being executed by its executant through its registered Power of

Attorney holder, in that case, the registrar or sub-registrar can

act upon the same for registration.

6. On this Aspect the propositions of law has already been

clarified in the ratio of the following decisions:-

(i) In a case between R.Pannerselvam Vrs.

A.Subramanian and another reported in 2009 (3) Civ.L.T. 441 (Madras) that,

executing the registered sale deed by a power of attorney in favour of a purchaser, there should necessarily be a registered power deed.

(ii) In a case between Cherryl Ann Joy Vrs. Sub- Registrar, Sub Registrar Office, Udumbanchola reported in 2019 (I) CCC 171 (Kerala) that,

SRO can act upon power of attorney, only, if it is registered in terms of provisions mentioned/contained in Registration Act.

(iii) In a case between Ravindra Kumar Vrs. State of U.P. and others reported in 2021 (1) Civ.C.C. (Allahabad) 103 (DB) in Para No.25 that,

presentation of document for registration.

Power of attorney holder can execute a document as agent for someone else and present the document for registration and get it registered.

As per the provisions of law envisaged in the Powers of

Attorney Act, 1882, the Indian Contract Act, 1872 and Section

33(1)(a) of the Registration Act, 1908, the main purpose/object of

the execution of power of attorney is to authorize an agent by the

executant/principal through the power of attorney to

perform/execute the works of the principal in his/her absence as

per the authorizations made by him/her in the power of attorney.

Because, as per law, all the works/executions made by an

agent (power of attorney holder) on behalf of the principal on the

basis of the authorizations made through the deed of power of

attorney shall be deemed that, as if, the said works/executions

have been done/made by the principal himself/herself.

Therefore, only for the avoidance of the physical presence of

the principal, at the time of execution/performance of the works,

authorizations are made as per law by the principal through the

power of attorney to an agent to perform his/her works indicated

in the deed of power of attorney in his/her absence.

Here in this matter at hand, when the petitioner being

the registered power of attorney holder (registered authorized

agent) of the executant of the deed for sale dated 18.08.2025

executed the said deed on behalf of the principal and presented

the same before the Sub-Registrar, Banki (Opp. Party No.3) for

registration and when sub-Clause 1(a) of Section 3 of Registration

Act, 1908 authorizes the Sub-Registrar to register the deed for

sale presented by him (petitioner) without requiring the physical

presence of the principal, as the intention of the legislature for

execution of the deed of power of attorney is for avoidance of the

physical presence of the principal at the time of execution and

registration of the deed for sale, if there is registered deed of

power of attorney in favour of the agent for such execution and

registration of the deed for sale, then, at this juncture, by

applying the principles of law enunciated in the ratio of the

aforesaid decisions, it is held that, the Sub-Registrar, Banki

(Opp. Party No.3) should not have required the physical presence

of the principal for acceptance of the deed for sale presented by

the petitioner as a registered power of attorney holder of the

executant of the said deed for its registration.

7. It is the settled propositions of law that, Sub-Registrar like

O.P. No.3 cannot orally refuse to register any deed for sale

presented for registration.

8. Because, as per law, when any deed for sale is

presented before any Sub-Registrar for registration, he/she (Sub-

Registrar) either to register the said deed or to refuse to register

the same indicating the reasons for non-registration of the same,

if that document is not legally fit for registration.

9. The Sub-Registrar has no authority or jurisdiction

under law to embark into the nature of right, title and character

in respect of the subject matter of the deed for sale presented for

registration.

If the deed in question is duly executed and sufficiently

stamped and if there is no legal or formal defect therein, the

Registering Authority cannot refuse to register that deed.

The Registering Authority cannot delve into the roving

enquiry about the nature of right, title of the vendor in respect of

the subject matter of the deed for sale presented for registration.

Even a person sells a property, that does not belong to

him, in that situation also, there is no provision in the

Registration Act to enable the Sub-Registrar to refuse the

registration of the deed, unless that deed covers the provisions

enumerated in Section 22-A of the Registration Act, 1908 for non-

registration of the same.

10. On this aspect, the propositions of law has already been

clarified in the ratio of the following decisions:-

(i) In a case 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.

(ii) In a case between P. Pappu Vrs. Sub-Registrar, Rasipuram SRO, Rasipuram, Namakkal District reported in 2025 (2) Civil LJ 205 (Madras) that, even if a person sells a property that does not belong to him, there is no provision in the Registration Act, to enable the Registrar to refuse registration except Sections 22-A of the Registration Act.

(iii) In a case between Tejpal and another Vrs. State of Haryana and others reported in 2015 (Supp.) Civil Court Cases 471 (Punjab & Haryana) (at Para 1) that, Registrar cannot join issues on title for refusing to register the instrument. That shall be the exclusive domain of a civil court in a proper litigation that is brought between

the parties who are at lis raising the dispute regarding title. A dispute on title can never be used before a Registrar by any party.

(iv) In a case between Dinesh Singh Vrs. The State of Jharkhand and others reported in 2012 SCC Online Jharkhand 951 (at Para 13) that, if the deed is duly executed and sufficiently stamped and when there is no legal or formal defect, then the registering authority cannot refuse to register the deed, if the same is presented for registration. Because, the registering authority cannot delve into the roving enquiry of the nature of the right, title of the vendor in respect of the subject matter of the deed presented for registration.

(v) In a case between Bihar Deed Writers Association and others Vrs. State of Bihar and others reported in 1989 (2) Civil Court Cases 172 (Patna) & 1988 SCC Online Patna 142 that, if the transferor does not have any title or has an imperfect title to the property, the transferee on transfer will either get no title or he will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority. The registering authority is bound to register it. (Para 3)

11. So, by applying the principles of law enunciated in the

ratio of the above decisions, it is felt proper to dispose of

this writ petition finally directing Sub-Registrar, Banki in

the district of Cuttack (O.P. No.3) to receive the deed for

sale without requiring the physical presence of the

executant (principal of the petitioner), if presented by the

petitioner for registration with the certified copy of this

Judgment and the original registered power of attorney

(original of Annexure-2) for registration of the deed for sale

dated 18.08.2025 (original of Annexure-1) and to act upon

the same for the registration as per The Indian Registration

Act, 1908 and The Orissa Registration Rules, 1988 without