[Cites 4, Cited by 0]
Orissa High Court
Subhrajit Swain And Another vs State Of Odisha And Others .... Opposite ... on 8 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30009 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Subhrajit Swain and another .... Petitioners
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. B.B. Nanda,
Advocate.
For Opposite Parties- Mr. G. Mohanty,
Learned Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :08.01.2026 :: Date of Judgment :08.01.2026
A.C. Behera, J. This writ petition has been filed by the petitioners under
Articles 226 and 227 of the Constitution of India, 1950 praying for
directing the Sub-Registrar, Barang (Opposite Party No.4) in the district
of Cuttack to receive the deed for sale of the petitioners for registration,
because, the Sub-Registrar, Barang (Opposite Party No.4) orally refused
to receive the deed for sale of the petitioners for registration.
2. Heard from the learned counsel for the petitioners and the learned
Standing Counsel for the State.
Page 1 of 3
3. The law is very much clear that, the Sub-Registrar, Barang
(Opposite Party No.4) 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 such refusal.
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 vrs.
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. In view of the propositions of law enunciated in the ratio of the
above decision, the oral refusal of the Sub-Registrar, Barang
(Opposite Party No.4) to receive the deed for sale of the petitioners
for registration cannot be held as legal.
For which, there is no justification under law to disallow the
writ petition filed by the petitioners.
6. Therefore, the writ petition filed by the petitioners is to be
allowed.
7. In result, the writ petition filed by the petitioners is allowed.
The Sub-Registrar, Barang (Opposite Party No.4) is directed to
receive the deed for sale of the petitioners, if the same is presented by
the petitioners annexing the certified copy of this judgment and to act
upon the same as per The Registration Act, 1908 and The Orissa
Registration Rules, 1988.
If the said deed is registered, then, after registration of the same,
the Sub-Registrar, Barang (Opposite Party No.4) shall return that sale
deed to the petitioners within 3(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.
8. As such, this writ petition filed by the petitioners is disposed of
finally.
Digitally Signed Judge
Designation: Personal Assistant
Reason: Authentication Orissa High Court, Cuttack
Location: OHC, CUTTACK
The 8th of January, 2025/ Jagabandhu, P.A.
Date: 09-Jan-2026 10:10:56
