Orissa High Court
*** vs State Of Odisha & Others on 24 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.26448 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Laxmi Panigrahi & Others
... Petitioners.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioners : Mr. S.K. Das, Advocate
For the Opposite Parties : Ms. T. Kumar, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 24.09.2025 :: Date of Judgment : 24.09.2025
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 petitioners
praying for directing the District Sub-Registrar, Sambalpur
(O.P. No.4) in the district of Sambalpur to accept the deed of
sale of the petitioners for registration, because, the District
Sub-Registrar, Sambalpur (O.P. No.4) orally refused to receive
that deed for sale for registration expressing that, the co-
sharers of the petitioners in the properties to be sold through
the deed for sale have not signed and they have not given their
consent for sale.
2. Heard from the learned counsels of both the sides.
3. The law is very much clear that, the District 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 District Sub-Registrar to
receive the same, but if the said document is not in
compliance with the provisions of law, the 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 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
Vs. 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. Section 44 of the T.P. Act, 1882 provides inherent
right/power to co-sharers of a joint property like the
petitioners to transfer/alienate their undivided shares in
their joint property without the consent of their other co-
sharer or co-sharers and the Sub-Registrar has no power to
refuse to receive the sale deed, if presented for registration
by co-sharers like the petitioners in this matter at hand
even if the said deed for sale is executed without the
consent and signatures of their other co-sharers as vendors
with the petitioners.
The land owners have their inherent right as per
Section 44 of the T.P. Act, 1882 to alienate their interest in
the joint and undivided properties. Any instruction or
circular issued by the Government cannot prohibit the land
owners (those are the masters of their land) from alienating
their shares and interest therein even without the consent
and signatures of their co-owners (co-sharers). Because,
any circular or notification of the Government contrary to
the statutory provisions cannot nullify the statutory rights
of the land owners to alienate/transfer their undivided
interest in the joint and undivided properties.
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 wherein it has been held that,
As per Section 44 of the T.P. Act, 1882, co-sharers/co-
owners have their inherent right to alienate their
shares/interests in the Joint and Undivided properties to
the extent of their share. Therefore, even there will be any
sale of specific portion of land in the joint and undivided
properties by co-owners of the same indicating boundaries
thereof, still then, the said transfer/sale 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 co-owners/co-sharers to alienate
their undivided shares/interests in their joint and
undivided property shall be deemed as non-est. Because,
executive instructions and circulars have no applicability
where statutory law governs the field.
6. So, by applying the propositions of law clarified 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 District
Sub-Registrar, Sambalpur (O.P. No.4) to receive the deed for
sale of the petitioners for alienation of their shares in the plots
covered in their deed for sale without indicating the sale of
any specific portion of the said plot and without indicating the
boundaries thereof, but only indicating the alienation of their
shares/interests therein.
On presentation of the said deed for sale of the
petitioners annexing the certified copy of this Judgment, the
District Sub-Registrar, Sambalpur (O.P. No.4) shall 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 decision
between Damodar Mishra Vs. State of Odisha & Others
decided on 03.04.2025 in WP(C) No.4340 of 2025.
If the said deed is registered, then, after registration of
the same, the District Sub-Registrar, Sambalpur (O.P. No.4)
shall return that sale deed to the petitioners 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.
7. Accordingly, the writ petition filed by the petitioners is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
Digitally Signed The 24 .09. 2025// Rati Ranjan Nayak
Signed by: RATI RANJAN NAYAK
Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack, India.
Date: 25-Sep-2025 14:54:19
