Orissa High Court
Jayakrushna Dhal vs State Of Odisha & Others .... Opposite ... on 7 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12027 of 2025
Jayakrushna Dhal .... Petitioner
Mr. B.C. Panda,
Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S. Nayak, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
07.05.2025
Order No.
01. This matter is taken up through hybrid mode.
2. Heard Mr. Panda, learned Counsel for the Petitioner
so also Mr. Nayak, learned ASC for the State, who accepts
notice on behalf of the Opposite Parties and admits to have
received copy of the writ petition.
3. The limited grievance of the Petitioner is that the
Sub-Registrar, Athagarh (Opposite Party No.3) orally
refused to register the proposed sale deed on the ground
that the other co-sharers, namely, Laxmipriya &
Krushnapriy, who are the married daughters of late
Raghunath Dhal of Gadasahi Road, Athagarh, have not
given their consent for registration of said sale deed.
4. Mr. Panda, learned Counsel for the Petitioner,
drawing attention of this Court to the provision enshrined
under Section 44 of the Transfer of Property Act, 1882,
submits that since the suit land is an agricultural land, the
Petitioner and his other brothers have the right to sell their
share of land and for such purpose, consent of co-sharers
is not required. To substantiate his submission, Mr. Panda
relies on the judgment of this Court reported in 120(2015)
CLT 1069: 2015(II) ILR-CUT-344 (Sitarani Rath Vs. The
Inspector General of Registration, Odisha & others) so
also the recent judgment of this Court reported in 2025(I)
OLR - 874 (Damodar Mishra Vs. State of Odisha &
others).
5. In view of the said submission made by the learned
Counsel for the Petitioner so also judgments of this Court,
on consent of learned Counsel for the parties, the writ
petition stands disposed of at the stage of admission. The
Sub-Registrar, Athagarh (Opposite Party No.3) is directed
to accept the sale deed of the Petitioner Jayakrushna
Dhal and his brothers/ who are the proposed Vendors, for
alienating their share of agricultural land in Mouja
Gurudijhatia, Khata No-303/185, Plot No-640 to the extent
of their share in the said joint and undivided plot, without
specification of any precise part/portion of the said plot
and boundaries thereof and only indicating the transfer of
their interest/share in the said plot, in terms of provision
enshrined under Section 44 of the Transfer of Property Act,
1882 so also provisions under the Registration Act, 1908
and Rules made there under. The registration process shall
be completed within a period of one week from the date of
production of the certified copy of this order.
6. As the matter stands disposed of at the stage of
admission, it is made clear that if there is any other reason,
other than the reason detailed above, for refusal to register
the proposed sale deed, the Sub-Registrar, Athagarth shall
pass appropriate order in terms of Section 71 of the
Registration Act, 1908 and communicate a copy of the said
order to the Petitioner within the said period.
7. Urgent certified copy of this order be granted as per
rules.
(S. K. Mishra)
Prasant Judge
Signed by: PRASANT KUMAR PRADHAN
Location: High Court of Orissa, Cuttack.
Date: 09-May-2025 15:59:22
