Orissa High Court
*** vs State Of Odisha & Others on 20 November, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.32425 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Rama Tira @ Rama Ho
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. S. Dash, 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 : 20.11.2025 :: Date of Judgment : 20.11.2025
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
praying for directing the Sub-Registrar, Khandagiri (O.P. No.5)
to register the deed for sale (original of Annexure-2) of the
petitioner, which was presented by the petitioner before the
Sub-Registrar, Khandagiri (O.P. No.5) on dated 18.09.2023
with proper stamp papers and registration fees, as, the Sub-
Registrar, Khandagiri (O.P. No.5) did not register the same
and instead of registering, he (O.P. No.5) kept the same
pending with him, for which, the petitioner filed this writ
petition praying for directing the Sub-Registrar, Khandagiri
(O.P. No.5) to act upon the said deed (original of Annexure-2)
of the petitioner for registration.
2. Heard from the learned counsel for the petitioner and the
learned ASC for the State.
3. The law is very much clear that, when a deed for sale is
presented by a party or parties like the petitioner before the
Sub-Registrar, then, it should be the duty of the Sub-
Registrar either to register the said deed or to refuse to
register the same as per Section 71 of the Registration Act,
1908 indicating the reasons for its non-registration in writing,
if the said deed is not legally fit for registration and to return
the same to its presentor with the refusal order, but the Sub-
Registrar like Sub-Registrar, Khandagiri (O.P. No.5) cannot
keep the said deed pending with him (Opp. Party No.5)
without acting upon the same as per The Registration Act,
1908 and The Orissa Registration Rules, 1988.
4. On this aspect, the propositions of law has already been
clarified in the decisions 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,
"when a deed is presented by a party before the
Sub-Registrar/Registrar for registration, the Sub-
Registrar/Registrar either to register the same, if
the same is fit for registration or refuse to register
the same indicating the reasons in writing about
its non-registration, if that deed is not fit for
registration as per the Registration Act, 1908 and
the Orissa Registration Rules, 1988, but the Sub-
Registrar/Registrar cannot keep that deed pending
with him without acting upon the same as per The
Registration Act, 1908 and The Orissa Registration
Rules, 1988."
5. When it is the case of petitioner as per the averments
made in the writ petition that, the deed for sale (original of
Annexure-2) was presented by the petitioner on dated
18.09.2023 before the Opp. Party No.5 for registration with
proper stamp papers and registration fees, but till yet, the Opp.
Party No.5 is not acting upon the said deed for sale as per The
Indian Registration Act, 1908 and The Orissa Registration
Rules, 1988 but, the same has been kept pending with him,
then, at this juncture, by taking the aforesaid submissions of
the learned counsel for the petitioner and 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 Sub-Registrar, Khandagiri (O.P. No.5)
to act upon the deed for sale of the Petitioner, which was
presented by the Petitioner on dated 18.09.2023 before the
Sub-Registrar, Khandagiri and the same is with the Opp. Party
No.5 (as per the submissions of the learned counsel for the
petitioner) according to the provisions of law envisaged in The
Indian Registration Act, 1908 and The Orissa Registration
Rules, 1988 on the very same day of production of the certified
copy of this judgment by the Petitioner.
6. As such, this writ petition filed by the Petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 20 .11. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
