Orissa High Court
Deepak Singh vs State Of Odisha And Others .... Opposite ... on 14 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38673 of 2023
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Deepak Singh .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. B. C. Panda,
Advocate.
For Opposite Parties - Mr. Gyanalok Mohanty,
Standing Counsel.
(for O.P. Nos.1 to 3)
Mr. Binayak Mohapatra,
Advocate. (for O.P. Nos.4 to 12)
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :28.10.2025 :: Date of Judgment :14.11.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner praying for
directing the Sub-Registrar, Athagarh (O.P. No.3) for returning the
registered sale deed to the petitioner stating in his writ petition that, he
(petitioner) is the purchaser in the sale deed i.e. original of Annexure-2.
The said deed was presented on dated 09.06.2017 before the Sub-
Registrar, Athagarh after its execution and completion of all the
formalities for registration of the same and the vendors of the deed,
petitioner (vendee), identifier and witnesses were also remained present
before the Sub-Registrar, Athagarh (O.P. No.3). The said deed was
registered by the Sub-Registrar, Athagarh (O.P. No.3) with necessary
endorsements by him (O.P. No.3) at the backside of the 1st page of the
deed with his seals and signatures in all the pages of the said deed and
ticket was issued to the petitioner for receiving that registered deed from
the office of the O.P. No.3. Then, seven days after, the O.P. No.3 did not
return that registered sale deed to the petitioner stating that, as there is
objection by some of the co-sharers of the vendors of that sale deed and
the said objection of the co-sharers of the vendors of the deed has been
fixed for hearing by him (O.P. No.3), he (O.P. No.3) cannot return that
sale deed. For which, without getting any way, the petitioner filed this
writ petition praying for directing the Sub-Registrar, Athagarh (O.P.
No.3) for returning the registered sale deed i.e. original of Annexure-2.
2. The Sub-Registrar, Athagarh (O.P. No.3) filed its counter in this
writ petition and objected the same taking his stands that, the number
reflected in the said deed as 724 is not the registered number of the deed.
Because, as per Section 60 of the Registration Act, 1908, the numbers of
the sale deeds have been generating through computer system since 2008.
So, the number reflected in the deed as 724 is the ID number, but not the
document number.
The specific plea/case of the O.P. No.3 (Sub-Registrar, Athagrah)
in his counter is that, though almost all the formalities of registration of
the deed in question for registration were completed, but that deed was
not admitted to registration due to transfer of the undivided joint
properties by its vendors without the consent of their co-sharers. For
which, the said deed has not been returned to the petitioner, as that has
not been registered as yet, though the formalities of the said deed for
registration i.e. presentation of the deed, realisation of fees and admission
of execution were completed. That deed is still pending for registration in
the office of O.P. No.3, because the said deed has not been registered as
yet for the above reasons. That apart, eight numbers of objections have
been filed by the co-sharers of the vendors of the petitioner and the said
objections are required to be decided. As the sale deed in question has not
been registered till yet, the writ petition filed by the petitioner for the
return of the said deed cannot be allowed.
Therefore, the writ petition filed by the petitioner is liable to be
rejected, as the same has no merit.
3. The O.P. Nos.4 to 12 have filed their counter challenging the writ
petition of the petitioner taking their stands that, they (O.P. Nos.4 to 12)
are the co-owners of the Plot No.2555 under Khata No.35 covered under
the deed in question and the said Plot No.2555 under Khata No.35 is their
joint and undivided properties, in which, 129 numbers of persons
including the vendors of the petitioner and O.P. Nos.4 to 12 are the joint
owners. The petitioner has no interest in the properties involved in the
deed, as he (petitioner) is a third party to the same and he has suppressed
the material facts about the jointness of the properties covered in the deed
in question. When, O.P. No.3 (Sub-Registrar, Athagarh) has not given his
certificate of registration as per Section 60 of the Registration Act, 1908
in the said deed and when that deed has not been copied in the Form of
registration books as per Rule 90 of the Orissa Registration Rules, 1988
and when their objections against that deed has not been disposed of as
yet by the O.P. No.3, then, the question of returning the said deed to the
petitioner does not arise. Because, the registration of the same has not
been completed and the said deed cannot be registered, as the co-sharers
of the vendors of the petitioner including them (O.P. Nos.4 to 12) are
opposing its registration without giving their consent for transfer.
For which, the writ petition filed by the petitioner is liable to be
rejected.
4. I have already heard from the learned counsel for the petitioner,
learned Standing Counsel for the O.P. Nos.1 to 3 and learned counsel for
O.P. Nos.4 to 12.
5. As per the rival submissions of the learned counsels of both the
sides, on the basis of the averments made in the writ petition, counter
filed by the O.P. No.3 and O.P. Nos.4 to 12, the crux of this writ petition
is;
Whether, as per law, the O.P. No.3 (Sub-Registrar,
Athagarh) can be directed for returning the deed in
question (original of Annexure-2) to the petitioner?
6. It is the case of the petitioner that, the registration of the deed
(original of Annexure-2) has already been completed by the O.P. No.3
(Sub-Registrar, Athagarh) making necessary endorsements with the seals
and signatures on the same by him (O.P. No.3) at the backside of its 1st
page as well as all other pages about the admission of its registration, to
which, the O.Ps are objecting contending that, the registration of the deed
(original of Annexure-2) has not been completed as yet, for which, the
same cannot be returned to the petitioner.
The Sub-Registrar, Athagarh (O.P. No.3) has stated specifically in
Para Nos.9, 10 & 12 of his counter affidavit that, almost all the
formalities for registration of the said deed (original of Annexure-2) i.e.
its presentation, realisation of fees and admission of execution have
already been completed, but the same has not been registered as yet.
7. As per Section 52(1)(c) of the Indian Registration Act, 1908,
subject to the, provisions contained in Section 62, every
document admitted to registration shall without unnecessary
delay be copied in the book appropriated therefore according to
the order of its admission.
8. As per Section 58 of the Indian Registration Act, 1908,
(1) on every document admitted to registration, other than a copy of a
decree or order, or a copy sent to a registering officer under Section
89, there shall be endorsed from time to time the following
particulars, namely:--
(a) the signature and addition of every person admitting the execution
of the document, and, if such execution has been admitted by the
representative, assign or agent;
(b) the signature and addition of every person examined in reference
to such document under any of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence
of the registering officer in reference to the execution of the document,
and any admission of receipt of consideration, in whole or in part,
made in his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to
endorse the same, the registering officer shall nevertheless register it,
but shall at the same time endorse a note of such refusal.
9. As per Section 59 of the Indian Registration Act, 1908,
the registering officer shall affix the date and his signature to all
endorsements made under Sections 52 and 58, relating to the same
document and made in his presence on the same day.
10. As per Section 60 of the Indian Registration Act, 1908,
(1) after such of the provisions of Sections 34, 35, 58 and 59 as
apply to any document presented for registration have been
complied with, the registering officer shall endorse thereon a
certificate containing the word "registered", together with the
number and page of the book in which the document has been
copied.
(2) Such certificate shall be signed, sealed and dated by the
registering officer and shall then be admissible for the purpose of
proving that the document has been duly registered in manner
provided by this Act, and that the facts mentioned in the
endorsements referred to in section 59 have occurred as therein
mentioned.
11. Rule 124 of the Orissa Registration Rules, 1988 provides
that,
(1) The endorsements required by Sections 52 and 58 shall be
written in Form Nos. 2 and 13 in Appendix II respectively.
(2) All endorsements, whether made under Section 52 or Section 58
or otherwise, shall be made in red ink, except that signatures therein
shall be made in black ink.
(3) Every document made by a Registering Officer shall be written in
his own handwriting but rubber stamp may be used for the formal
part of the endorsements under Sections 52, 58 and 60 and of the
certificate of admissibility or such endorsements may be made
through Computer and signed by the Registering Officer.
12. Rule 126 provides that,
when a document has been copied into a Register Book and
compared, the Registering Officer shall make in Form No. 14
Appendix-II the endorsement required by Section 60.
13. Here in this matter at hand, the Sub-Registrar, Athagarh (O.P.
No.3) has made his endorsements in the first page of the original of
Annexure-2 as follows:-
Execution is admitted by the Rajshree Mohanty, Rasanand Sahoo,
Ashamani Dei, Tathagat Mohanty, Dayanidhi Sahoo, Mayadhar Sahoo,
Satrughna Sahoo, Bharat alias Bharat Chandra Sahoo, who have been
identified to my satisfaction by the identifier.
14. As per Rule 124(2) & (3) of the Orissa Registration Rules, 1988,
endorsements, whether made under Section 52 or Section 58 or
otherwise, shall be made by the Registering Officer in red ink, except
that, signatures therein shall be made in black ink. Every document made
by a Registering Officer shall be written in his own handwriting but
rubber stamp may be used for the formal part of the endorsements under
Sections 52, 58 and 60 and of the certificate of admissibility or such
endorsements may be made through Computer and signed by the
Registering Officer.
15. The O.P. No.3 (Sub-Registrar, Athagarh) has signed in each page
of the original of Annexure-2 in compliances with the Rule 124(2) & (3)
of the Orissa Registration Rules, 1988 and Sections 52, 58, 59 & 60 of
the Indian Registration Act, 1908.
16. When, there is compliances of the provisions of Section 52, 58, 59
& 60 of the Indian Registration Act, 1908 as per Rule 124 of the Orissa
Registration Rules, 1988 by the Sub-Registrar, Athagarh (O.P. No.3)
making his endorsements and signatures therein in each page of the said
sale deed, then at this juncture, it will be seen, whether the registration of
the said deed in question has been completed or not.
On this aspect, the propositions of law has already been clarified in
the ratio of the following decisions:-
(i) In a case between Paritala Narasimham Vrs. Ayinampudi
Venkayya and another reported in AIR 1957 (AP) 535 that,
registration is complete only after the certificate of
registration is signed, sealed and dated by the Registrar.
(ii) In a case between Mahaluxmi Bank Ltd. Vrs. Kamakhyalal
Goenka and others reported in AIR 1958 (Assam) 56 that,
the endorsement and the certificate of registration as given
under Section 60 of the Indian Registration Act, 1908 are clearly
admissible to prove that, the document had been duly registered in
the manner provided by the Act.
(iii) In a case between Yanala Malleshwari and Ors. Vrs.
Ananthula Sayamma and others reported in 2007 (1) Civil Court
Cases 527 (Andhra Pradesh) that,
Once an endorsement is made as stipulated in Section 60 of
the Registration Act under Sub-Section (2) of Section 61,
registration shall be deemed complete.
(iv) In a case between Mayurbhanj State Bank Vrs. Bhabatosh
Das and others reported in AIR 1961 (Orissa) 178 that, the
endorsement made at the time of registration are relevant to the
matter of registration only.
17. Here in this matter at hand, when in conformity with the provisions
of Sections 52, 58, 59 & 60 of the Indian Registration Act, 1908 and Rule
124 of the Orissa Registration Rules, 1988, the Sub-Registrar, Athagarh
(O.P. No.3) has made his endorsements in each page of the original of
Annexure-2 with his seals and signatures and when, he (O.P. No.3) has
specifically made endorsements at the back of the first page of the said
sale deed with his seals and signatures in red ink after completion of all
the formalities of registration including the receiving of the registration
fees and required stamp duties as per the value of the sold properties and
when it is the mandate of Section 52(1)(c) of the Registration Act, 1908
that, every document admitted to registration shall without unnecessary
delay be copied in the book appropriated therefore according to the order
of its admission, then at this juncture, in view of the propositions of law
enunciated in the ratio of the aforesaid decisions, it is held that, when the
endorsements (those were required as per Sections 52, 58, 59 & 60 of the
Registration Act, 1908 & Rule 124 of the Orissa Registration Rules,
1988) have already been complied with by the Sub-Registrar, Athagarh,
but only the endorsement and copying as required under Form No.14 of
Appendix-II of Section 60 and Form No.15 of Appendix-II in compliance
to the some later parts of Section 60 and the provisions of Section 61 of
Indian Registration Act, 1908 and Rule 126 of the Orissa Registration
Rules, 1988 are to be complied with, then under this circumstances, it
cannot be said that, the registration of the sale deed in question has not
been completed only for the non-compliances of some official procedural
parts thereof i.e. comparison and copying, those are required to be
complied with by the office of the O.P. No.3, not by the petitioner, his
vendors, identifier and witnesses.
So, for the reasons assigned above, it cannot be held that, the
registration of the deed in question i.e. original Annexure-2 has not been
completed only for the non-compliances of some official procedural parts
thereof i.e. comparison and copying in the book of Sub-Registrar's office
by the staffs of the Sub-Registrar (O.P. No.3).
18. As per the Rule 100 of The Orissa Registration Rules, 1988 and
Notification No.2915 dated 02.08.2017 of I.G.R of Odisha, the
documents, those are admitted to registration, the official procedural parts
thereof shall be completed and be ready for delivery within three days
from the date of their admissions and be promptly returned to the
presentant or the person, who is authorised to receive the same.
On this aspect, the propositions of law has already been clarified in
the ratio following decision:-
In a case between Kukumina Construction (P) Ltd. Vrs. Sub-
Registrar-cum-Stamp Collector and Ors. reported in 2010 (II) OLR
19 that,
there is an obligation cast on the registering officer to make
every endeavour to return the document promptly after the same is
registered. He cannot withhold any document after the same is
registered for any other purpose.
19. When it is held above that, the deed in question (original of
Annexure-2) has already been registered due to the compliances of the
provisions of Sections 52, 58 and substantial parts of Section 60 as per
Rule 124 of the Orissa Registration Rules, 1988 admitting the execution
of the same by the Registering Officer with his certificate in the red ink at
the backside of the first page of that deed along with his seals and
signatures in all pages and when, as per law, the rest formalities thereof
with respect to Section 52(1)(c) and the rest part of Sections 60 & 61 of
the Registration Act, 1908 and Rule 126 of the Orissa Registration Rules,
1988 are required to be complied with without unnecessarily delay by the
Sub-Registrar, Athagarh (O.P. No.3) and when the presence of the parties
to the deed and the witnesses as well as identifier thereof are not
necessary for the compliances of such formalities (those have not been
complied with by the O.P. No.3, though as per law the same are required
to be complied with by the O.P. No.3 immediately without delay), then at
this juncture, this writ petition filed by the petitioner for a direction to the
O.P. No.3 (Sub-Registrar, Athagarh) for returning original of Annexure-2
(which has already been admitted to registration) cannot be disallowed.
For which, the writ petition filed by the petitioner is to be allowed.
20. In result, this writ petition filed by the petitioner is allowed.
The Sub-Registrar, Athagarh (O.P. No.3) is directed to return the
registered sale deed (original of Annexure-2) to the petitioner as per the
Rule 100 of The Orissa Registration Rules, 1988 and Notification
No.2915 dated 02.08.2017 of I.G.R of Odisha after complying the rest
official procedural formalities thereof as required in Sections 52(1)(c),
60(1) & 61 of Indian Registration Act, 1908 and Rule 126 of Orissa
Registration Rules, 1988 within 3 days from the date of production of the
certified copy of this judgment by the petitioner.
21. As such, this writ petition filed by the petitioner is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
14.11.2025//Utkalika Nayak//
Junior Stenographer
