Pramila Kumari Rout vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 8679 Ori

Orissa High Court

Pramila Kumari Rout vs State Of Odisha And Others .... Opposite ... on 24 September, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.25127 of 2025
        (An application under Articles 226 and 227 of the Constitution of India, 1950)

        Pramila Kumari Rout                          ....            Petitioner
                                        -versus-
        State of Odisha and others                   ....      Opposite Parties
                  Appeared in this case by Hybrid Arrangement
                              (Virtual/Physical Mode):
                  For Petitioner       -       Mr. Saroj Kumar Das,
                                               Advocate.

                  For Opposite Parties-        Mr. Gyanalok Mohanty,
                                               Standing Counsel.

                  CORAM:
                  HON'BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :23.09.2025 :: Date of Judgment :24.09.2025

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

quashing (setting aside) the order of refusal of registration to the deed of

acknowledgment of adoption of the petitioner passed on dated 19.05.2025

(Annexure-1) under Section 71 of the Indian Registration Act, 1908 by

the District Sub-Registrar, Khordha at Bhubaneswar (opposite party

No.3).

2. The factual backgrounds of this writ petition, which prompted the

petitioner for filing of the same is that, on dated 14.05.2025, the petitioner

presented a deed of acknowledgment of adoption stating therein about the

adoption made by her to Miss Krishna Kumari Patra aged about 35 years,

daughter of Late Gangadhar Patra and Late Hiranmayee Patra, which

adoption was taken place on 31.08.2003, but the District Sub-Registrar,

Bhubaneswar (opposite party No.3) refused to register that deed of

acknowledgement of adoption as per its order dated 19.05.2025

(Annexure-1) under Section 71 of the Indian Registration Act, 1908

assigning the reasons that:-

"as per U/s 10(iv) of the Hindu Adoption and Maintenance Act, 1956, a child can be adopted when she will not have completed 15 years, but Krishna Kumari Patra is 35 years and no documentary evidence has been provided to validate an adoption, which was allegedly taken on 31-08-2003 as per the contents of the deed of acknowledgment of adoption and no document has been provided to show that, parents or legal guardian of the adopted person i.e. Krishna Kumari Patra were involved in the so called adoption.

For which, in view of the said legal deficiency, the deed of acknowledgment of adoption presented by the petitioner is refused for its registration. Petitioner may seek appropriate redressal from the competent legal authority and returned to the deed of acknowledgment of adoption to the petitioner."

3. On being aggrieved with the said order of refusal of registration to

the deed of acknowledgment of the petitioner, she (petitioner) challenged

the same by filing this writ petition praying for quashing (setting aside)

the impugned order dated 19.05.2025 (Annexure-1) passed by the District

Sub-Registrar, Bhubaneswar (opposite party No.3) under Section 71 of

the Indian Registration Act, 1908.

4. I have already heard from the learned counsel for the petitioner and

learned Standing Counsel for the opposite party Nos.1 to 3.

5. As per law, deed of acknowledgment of adoption is not itself an

adoption, but the same is a document relating to the acknowledgment of

the adoption, which was made prior to the registration of the said deed of

acknowledgment. So, the deed of acknowledgment cannot be substituted

an actual factum of giving and taking with regard to the adoption.

6. The Registering Authorities are not authorized/empowered under

law to go into question of merits of the document, which is presented

before him for registration.

Because, the legal effect as well as merit of registered document

can only be considered as per law by the Competent Court including the

Civil Court, but not by the Sub-Registrar like O.P. No.3. The Registering

Authorities like O.P. No.3 cannot refuse to register a deed presented for

registration answering about the future consequential legal effect of the

said document.

On this aspect the propositions of law has already been clarified in

the ratio of the following decisions:-

(i) In a case between Bilenbarric Steels Limited Vrs. Regional Development Commissioner for Iron & Steel and others reported in AIR 1991 Calcutta 62 (at Para 8) that, the Registering Authority cannot go into question of the merits of the transaction to the document presented for registration.

(ii) In a case between Dinesh Singh Vrs. The State of Jharkhand and others reported in 2012 SCC Online (Jharkhand) 951 (at Para 13) that, the Registering Authority cannot delve into a roving enquiry relating to the nature and the future legal effect of the document presented for registration.

7. Here in this matter at hand, when the petitioner had presented the

deed of acknowledgment of adoption on dated 14.05.2025 before the

District Sub-Registrar, Bhubaneswar (opposite party No.3) for its

registration stating therein that, she had adopted through actual giving and

taking to the so called adopted female on dated 31.08.2003, while the said

adopted female was less than 15 years i.e. aged about 13 years, then at this

juncture, in view of the principles of law enunciated in the ratio of the

aforesaid decisions, the O.P. No.3 should not have refused to register the

deed of acknowledgment of adoption presented by the petitioner passing

refusal order on dated 19.05.2025 (Annexure-1) under Section 71 of the

Indian Registration Act, 1908 stating about the consequential future legal

effect of the said deed of acknowledgment of adoption, which was not the

business of O.P. No.3 as per law.

For which, the impugned order of refusal of registration to the deed

of acknowledgment of adoption presented by the petitioner passed on

dated 19.05.2025 (Annexure-1) by the District Sub-Registrar,

Bhubaneswar (opposite party No.3) is liable to be quashed.

8. So, there is merit in the writ petition filed by the petitioner. The

same is to be allowed.

9. In result, the writ petition filed by the petitioner is allowed on

contest.

The order of refusal of registration to the deed of acknowledgement

of adoption of the petitioner passed on dated 19.05.2025 (Annexure-1)

under Section 71 of the Registration Act, 1908 by the District Sub-

Registrar, Bhubaneswar (opposite party No.3) is quashed (set aside).

10. The District Sub-Registrar, Bhubaneswar (opposite party No.3) is

directed to register the deed of acknowledgment of adoption (which has

been returned back to the petitioner by the opposite party No.3) on the

very same day of presentation of that deed by the petitioner before

opposite party No.3 along with the certified copy of this judgment

complying the formalities of registration as per Indian Registration Act,

1908 and Orissa Registration Rules, 1988 and to return that deed within

three days of its registration.

11. As such, the writ petition filed by the petitioner is disposed of

finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack.

24.09.2025//Utkalika Nayak// Junior Stenographer

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Sep-2025 17:33:33