Orissa High Court
*** vs State Of Odisha & Others on 23 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.26822 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Gurudayal Singh
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. K.N. Guru, Advocate
For the Opposite Parties : Mr. T. Kumar, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 23.09.2025 :: Date of Judgment : 23.09.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Article 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for directing the District Sub-Registrar, Sambalpur
(O.P. No.3) to receive the deed for sale of the petitioner for
registration, because, the O.P. No.3 has orally refused to
receive the same. For which, the petitioner has filed this writ
petition praying for directing the Opp. Party No.3 to receive
the deed for sale of the petitioner for registration.
2. Heard from the learned counsels of both the sides.
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 after receiving it or to refuse to register the same
indicating the reasons for non-registration, if for any reason
under law that, the said 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/District Sub-
Registrar to receive the same, but if the same is not fit for
registration as per law, the Sub-Registrar/District 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 the decisions 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 any document presented for registration, but after
receiving, he/she will consider, whether the same is legally
fit for registration or not, because, Section 71 of the
Registration Act, 1908 provides that, the Sub-Registrar is to
receive a document which is presented for registration and
if the same is fit for registration, he/she shall register that
deed as per the Registration Act, 1908 and Rules thereof
and if the same is not compliance with the provisions of
law, he/she shall pass an order of refusal of registration in
writing as indicated in Section 71 of the Registration Act."
5. When, in this matter at hand, the District Sub-
Registrar, Sambalpur (O.P. No.3) orally refused to receive
the deed for sale of the petitioner for registration, then, in
view of the principles of law enunciated in the ratio of the
aforesaid decision, his oral refusal to receive the deed for
sale of the petitioner cannot be held as inconformity with
the law.
6. Therefore, there is no justification under law to
disallow this writ petition filed by the petitioner.
7. In result, the writ petition filed by the petitioner is
allowed.
8. The District Sub-Registrar, Sambalpur (O.P. No.3) is
directed to receive the deed for sale, if presented by the
petitioner annexing 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.
If that deed is registered, then after registration, the Opp.
Party No.3 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.
9. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 23 .09. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
