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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Urmila Samantaray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
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| 1. ordered registration of the deed per statutory requirements. (Para 5 , 7) |
| 2. court discussed the authority of the sub-registrar regarding deed registration. (Para 6) |
Judgment :
A.C. Behera, J.
This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Jatani in the district of Khurda (O.P. No.3) through issuance of writ of mandamus to complete the process of registration of the deed for sale (copies of which are Annexure-2 Series).
Because, the originals of Annexure-2 Series were presented by the petitioner on dated 10.07.2025 before the O.P. No.3 for registration, to which, the O.P. No.3 accepted, but refused to conclude the process of registration thereof informing orally to the petitioner that, she (petitioner)
does not have title over the land in question covered under the said deed for sale.
2. I have already heard from the learned counsel for the petitioner and learned Standing Counsel for the State (O.P. Nos.1 to 3).
3. It is the settled propositions of law that, Sub-Registrar like O.P. No.3 cannot orally refuse to register any deed for sale presented for registration.
Be
The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.
A registering authority cannot refuse to register a deed based on the non-production of prior title documents; title determination is beyond its jurisdiction.
A registered power of attorney holder can present a deed for registration without the principal's presence, as the Registration Act mandates registration when properly executed.
Sub-Registrar must accept deeds for registration; statutory rights of landowners to alienate property prevail over executive instructions.
The Sub-registrar has no authority to refuse registration of a deed based on allegations of forgery, as disputes of title are exclusively within civil courts' jurisdiction.
The Sub-Registrar must register the documents or provide a reasoned order for refusal under the Indian Registration Act, 1908.
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