Orissa High Court
Bhikari Pradhan vs State Of Odisha And Others .... Opposite ... on 23 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26400 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Bhikari Pradhan .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. Umakant Sahoo,
Advocate.
For Opposite Parties- Mr. Tej Kumar,
Learned Additional Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :23.10.2025 :: Date of Judgment :23.10.2025
A.C. Behera, J. This writ petition has been filed by the petitioner under
Articles 226 and 227 of the Constitution of India, 1950 praying for
directing the Sub-Registrar, Nuagaon Tahasil (Opposite Party No.3) in
the district of Nayagarh to receive the deed for sale (original of
Annexure-2) of the petitioner for registration, because, the Sub-Registrar,
Nuagaon Tahasil (Opposite Party No.3) orally refused to receive that
deed for sale of the petitioner for registration.
2. Heard from the learned counsel for the petitioner and learned
Standing Counsel for the State.
Page 1 of 3
3. The law is very much clear that, the Sub-Registrars like Opposite
Party No.3 i.e. Sub-Registrar, Nuagaon in the District of Nayagarh 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-registration, if that
document is not legally fit for 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 said
document 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 such refusal.
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 vrs.
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."
5. Therefore, the oral refusal of the Sub-Registrar, Nuagaon
(Opposite Party No.3) to receive the deed for sale (original of
Annexure-2) of the petitioner for registration cannot be held legal in
view of the propositions of law enunciated in the ratio of the above
decision.
For which, there is no justification under law to disallow the
writ petition filed by the petitioner.
6. Therefore, the writ petition filed by the petitioner is to be
allowed.
7. In result, the writ petition filed by the petitioner is allowed.
The Sub-Registrar, Nuagaon (Opposite Party No.3) is directed
to receive the deed for sale (original of Annexure-2) of the petitioner,
if the same is presented by the petitioner annexing the certified copy
of this judgment and to act upon the same as per The Registration Act,
1908 and The Orissa Registration Rules, 1988.
If the said deed (original of Annexure-2) is registered, then, after
registration of the same, the Sub-Registrar, Nuagaon Tahasil (Opposite
Party No.3) shall return that sale deed to the petitioner within 3(three)
days of its registration after complying all the formalities thereof 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.
8. As such, the writ petition filed by the petitioner is disposed of
finally.
Digitally Signed Judge
Designation: Personal Assistant
Reason: Authentication Orissa High Court, Cuttack
Location: OHC, CUTTACK
The 23rd of October, 2025/ Jagabandhu, P.A.
Date: 23-Oct-2025 21:25:02
