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2023 Supreme(Ori) 185

K. R. MOHAPATRA
Jajati Keshari Mohanty – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr. Nagendra Barik, Advocate on behalf of Mr. Abhimanyu Parida, Advocate, for the Appellant; Mr. Amiya Kumar Mishra, Additional Government Advocate, for the Respondent.

JUDGMENT

K.R. Mohapatra, J.

This matter is taken up through hybrid mode.

2. This writ petition has been filed for a direction to the Opposite Party Nos.2 to 4, more particularly, to the District Sub- Registrar, Balasore-Opposite Party No.4 to release the Registered Sale Deed presented by the Petitioner on 7th July, 2023.

3. Mr. Barik, learned counsel being authorized by Mr. Parida, learned counsel for the Petitioner submits that the Petitioner is the owner in possession over Plot No. 544/1735 under Khata No. 574/84 measuring an area of 2400 sq.fts with a residential house standing thereon situated in Mouza Malikashpur in the district of Balasore (for brevity 'the case land). Due to his legal necessity, he executed a sale deed in respect of the case land in favour of one Anadi Charan Pati and presented it for registration before Opposite Party No.4 on 7th July, 2023. The document was not released to the authorized person after registration. Hence, this writ petition has been filed.

4. It is submitted by learned counsel for the Petitioner that after registration of the document, the District Sub-Registrar, Balasore-Opposite Party No.4 has no authority to withhold the document with him.

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