Orissa High Court
Panchu Behera & Another vs State Of Odisha & Others on 22 July, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.19873 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Panchu Behera & Another
... Petitioners.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioners : Mr. Sanjib Mohanty, 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 : 22.07.2025 :: Date of Judgment : 22.07.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. It is the case of the petitioners that, when the Sub-
Registrar-cum-Tahasildar, Kishorenagar (O.P. No.4) in the
district of Angul refused to receive their deed for sale for
registration, for which, without getting any way, the
petitioners filed this writ petition praying for directing the
Sub-Registrar-cum-Tahasildar, Kishorenagar (Opp. Party
No.4) to receive their deed for sale for registration.
2. Heard from the learned counsels of both the sides.
3. The law is very much clear that, the Sub-Registrar-cum-
Tahasildar, Kishorenagar (O.P. No.4) cannot orally refuse to
receive any document, when the same is presented for
registration, because he/she 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 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 the Sub-
Registrar-cum-Tahasildar, Kishorenagar to receive the deed
for sale, if presented by the petitioners 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 petitioners is
disposed of finally.
7. Urgent certified copy of this Judgment be granted to the
petitioners on proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 22 .07. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
