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2017 Supreme(Ori) 1268

BISWANATH RATH
Amulya Krushna Rana – Appellant
Versus
Registrar, Jajpur – Respondent


Advocates Appeared:
For Petitioner:A. Das, Advocate.
For Opp. Parties : S.Das, Addl.Standing Counsel

ORDER

20.1.2017. Heard Sri A. Deo, learned counsel for the petitioner and Sri S.Das, learned Additional Standing Counsel for the State.

In spite of notice there is no appearance on behalf of the private opposite party.

Assailing the endorsement made on the registered sale deed, vide Annexure-1, by the Registering Officer, Sukinda dated 2.6.2012, Sri Deo, learned counsel for the petitioner contended that the Registering Officer has no jurisdiction to make any such endorsement once the document is already registered by him and under the circumstance, Sri Deo made a request for detachment of that particular endorsement from the sale deed. In support of his contention Sri Deo also relied on a decision in the case of Subeda Nayak vrs. Government of Orissa reported in 105 (2008) CLT 109 and submitted that in view of the decision as aforesaid, the petitioner has a case to the satisfaction of the Court.

Sri Das, learned Additional Standing Counsel for the State on the other hand submitted that the endorsement has nothing to do and it is simply to be treated as an endorsement bringing the existing fact, and therefore there is no illegality in the endorsement given by the Registering Officer








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