Orissa High Court
Kalpana Panigrahi vs State Of Orissa & Others on 16 July, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.18707 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Kalpana Panigrahi
... Petitioner.
-VERSUS-
State of Orissa & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Monalisha Sahoo, Advocate
On behalf of Mr. K.K. Rath, Advocate.
For the Opposite Parties : Ms. J. Sahoo, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 16.07.2025 :: Date of Judgment : 16.07.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. Learned counsel for the petitioner submitted that, the
District Sub-Registrar, Bhadrak in the district of Bhdrak (O.P.
No.4) 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
Sub-Registrar, Bhubaneswar in the district of Khurda (O.P.
No.2) to accept the sale deed of the petitioner for registration.
2. Heard from the learned counsels of both the sides.
During the course of hearing, learned counsel for the
petitioner relied upon a decision of this Court between
Damodar Mishra Vs. State of Odisha & Others decided on
03.04.2025 in WP(C) No.4340 of 2025.
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, Bhadrak in the district of Bhadrak (O.P. No.4)
to receive the sale deed, if presented by the petitioner with the
certified copy of this Judgment and the decision of this Court
in Damodar Mishra Vs. State of Odisha & Others 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
petitioner on proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 16 .07. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
