Chaturbhuja Sahu vs State Of Odisha & Others
2025 Latest Caselaw 1185 Ori

Citation : 2025 Latest Caselaw 1185 Ori
Judgement Date : 14 July, 2025

Orissa High Court

Chaturbhuja Sahu vs State Of Odisha & Others on 14 July, 2025

                 ORISSA HIGH COURT : CUTTACK




                     WP(C) No.18766 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Chaturbhuja Sahu ... Petitioner.

-VERSUS-


     State of Odisha & Others
                                   ...          Opposite Parties.



Counsel appeared for the parties:

For the Petitioner         : Mr. B.R. Tripathy, 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 : 14.07.2025 :: Date of Judgment : 14.07.2025

J UDGMENT

ANANDA CHANDRA BEHERA, J.--

1. Learned counsel for the petitioner submitted that, the

District Sub-Registrar, Boudh in the district of Boudh (O.P.

No.3) is not receiving the sale deed of the petitioner presented

for registration, for which, without getting any way, the

petitioner has filed this writ petition praying for directing the

District Sub-Registrar, Boudh in the district of Boudh (O.P.

No.3) to accept the sale deed of the petitioner for registration.

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-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, but if the same

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, and thereafter, either register such sale deed or any other document or pass a refusal order."

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

ratio of the above decision 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 District

Sub-Registrar, Boudh in the district of Boudh (O.P. No.3) to

receive the sale deed, 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.

6. Accordingly, the writ petition filed by the petitioner is

disposed of finally.

7. Urgent certified copy of this Judgment be granted to the