Orissa High Court
Amir Kumar Darjee vs District Sub-Registrar on 2 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17979 of 2025
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Amir Kumar Darjee .... Petitioner
-versus-
District Sub-Registrar, Bolangir .... Opposite Parties
and another
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. R. K. Sahoo,
Advocate.
For Opposite Parties - Mr. G. Mohanty,
Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :02.09.2025
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 District Sub-Registrar, Bolangir (O.P. No.1) to accept the
deed for sale.
2. Heard from the learned counsel for the petitioner and learned SC
for the State.
3. The law is very much clear that, the Sub-Registrar cannot orally
refuse to accept any document, when the same is presented for
registration. Because, as per law, the Sub-Registrar 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 accept the same and if it is not in
compliance with the provisions of law, the Sub-Registrar may not register
the same assigning the reasons in writing for such non-acceptance for
registration and 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) 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 propositions 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 District Sub-Registrar, Bolangir (O.P.
No.1) to accept the deed for sale, if presented by the petitioner 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. As such, the writ petition filed by the petitioner is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
02.09.2025//Utkalika Nayak//
Junior Stenographer
Location: High Court of Orissa, Cuttack
