Orissa High Court
Constitution Of India) vs The State Of Odisha on 8 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2842 of 2025
(In the matter of an application under Articles 226 and 227 of the
Constitution of India)
Ajay Nag .... Petitioner
-versus-
The State of Odisha, represented .... Opposite Parties
through its Secretary, Department of
Revenue and Disaster Management,
Odisha, Bhubaneswar and others
Appeared in this case:-
For Petitioner : Mr. Budhiram Das, Advocate
For Opposite Parties : Smt. J. Sahoo,
Learned Addl. Standing Counsel
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 08.09.2025 / date of judgment : 08.09.2025
A.C. Behera, J. 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, Bissamcuttack (Opposite Party No.4) to receive and register
the deed for sale, because, the Opposite Party No.2 orally refused to
receive the deed for sale(original of Annexure-1), for its registration
expressing that, petitioner being one of the co-owner of the properties
covered under that deed for sale cannot transfer/alienate his undivided
interest in the said properties without the consent of his co-owners.
2. Heard from the learned counsel for the petitioner and the learned
Additional Standing Counsel for the State.
3. The law concerning oral refusal by the Sub-Registrar to receive the
deed for sale for registration on the ground of alienation made by the
vendor of the deed without the consent of his co-owners has already been
clarified in the ratio of the following decisions:-
(i) In a case between North East Infrastructure Private
Limited and others vrs. The State of Andhra Prpadesh and
others : reported in 2025(2) Civ. C.C.-220(Andhra
Pradresh) that, the Sub-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.
(ii) In a case between Damodar Mishra vrs. State of
Odisha and others decided in W.P.(C) No.4340 of 2025 on
dated 03.04.2025 that, "As per Section 44 of the T.P. Act.
1882, a co-sharer/co-owner has his/her inherent right to
alienate his/her share/interest in the Joint and Undivided
properties to the extent of his/her share. Therefore, even
there will be any sale of specific portion of land in the joint
and undivided properties by one co-owner of the same
indicating boundaries thereof, still then, the said transfer/sell
would be deemed as a transfer of share of the vendor in the
said joint and undivided property.
Any executive instruction or circular issued by any
authority including Government contrary to the statutory law
envisaged under Section 44 of the T.P. Act, 1882 restricting
a co-owner/co-sharer to alienate his/her undivided
share/interest in the joint and undivided property shall be
deemed as non-est. Because, executive instructions and
circulars have no applicability where statutory law governs
the field."
4. So, by applying the above clarified propositions of law enunciated
in the ratio of the aforesaid decisions to this matter at hand, it is held that,
the Sub-Registrar, Bissamcuttack(Opposite Party No.4) should not have
refused orally to receive the deed for sale presented by the petitioner for
registration and also should not have refused to register the said deed on
the ground of alienation of his share/interest in the joint and undivided
properties without the consent of his co-owners.
Because, as per Section 44 of the T.P. Act, 1882, he(petitioner) has
his inherent right under law to sell his undivided share in his joint and
undivided properties without the consent of his co-owners.
5. For which, by applying the above propositions of law in this matter
at hand, it is felt proper to dispose of this writ petition finally directing
the Sub-Registrar, Bissamcuttack(Opposite Party No.4) as follows :-
The Sub-Registrar, Bissamcuttack(Opposite Party No.4) is directed
to receive the deed for sale, if presented by the petitioner for its
registration annexing the certified copy of this judgment concerning the
alienation of his undivided interest/share in the properties covered in that
deed without indicating the boundaries thereof even without the consent
of his co-sharers(co-owners) and the Sub-Registrar,
Bissamcuttack(Opposite Party No.4) shall act upon the same according to
The Indian Registration Act, 1908 and The Orissa Registration Rules,
1988.
If registered, after registration of the said sale deed, the Sub-
Registrar, Bissamcuttack(Opposite Party No.4) shall return that sale deed
to the petitioner within 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.
7. As such, the writ petition filed by the petitioner is disposed of
finally.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
Signature NotTheVerified th
8 of September, 2025/ Jagabandhu, P.A.
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, CUTTACK
Date: 08-Sep-2025 21:38:34
