Orissa High Court
Harmohan Mansingh vs State Of Odisha And Another .... ... on 2 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23797 of 2025
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Harmohan Mansingh .... Petitioner
-versus-
State of Odisha and another .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. M. Panigrahi,
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 Sub-Registrar, Bolagarh in the District of Khurda (O.P.
No.2) to accept the deed for sale.
2. Heard from the learned counsel for the petitioner and learned
Standing Counsel for the State.
3. The law is very much clear that, the Sub-Registrar 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 the same.
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. Section 44 of the T.P. Act, 1882 provides inherent right/power to a
co-sharer of a joint property like the petitioner to transfer/alienate his/her
undivided share in the joint property without the consent of his co-sharer
or co-sharers and Sub-Registrar has no power to refuse to receive the sale
deed, if presented for registration by a co-sharer like the petitioner in this
matter even if the said deed for sale is executed without the consent of his
co-sharers.
On this aspect the propositions of law has already been clarified in
the decision between Damodar Mishra Vs. State of Odisha & Others
decided on 03.04.2025 in WP(C) No.4340 of 2025.
6. So, by 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, Bolagarh (O.P. No.2) to receive the deed
of sale, if presented by the petitioner for registration with the certified
copy of this Judgment and to act upon the same as per The Indian
Registration Act, 1908 and The Orissa Registration Rules, 1988 in
accordance with the principles of law enunciated in the ratio of the above
decisions. If the said deed is registered, then, after registration of the
same, the Sub-Registrar, Bolagarh (O.P. No.2) shall return that sale deed
to the petitioner within 3 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.
6. Accordingly, the writ petition filed by the petitioner is disposed of
finally.
Digitally Signed (A.C. Behera),
Signed by: UTKALIKA NAYAK Judge.
Reason: Authentication
Orissa High Court, Cuttack.
Location: High Court02.09.2025//Utkalika
of Orissa, Nayak// Cuttack
Junior Stenographer
Date: 02-Sep-2025 18:24:43
