A Sub-Registrar has the independent authority to decide the registrability of deeds, and cannot refuse registration based on a District Registrar's clarification regarding leasehold status.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. 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 of the deed for sale of the Petitioner passed on dated 10.04.2025 (Annexure-4) by the Sub-Registrar, Athagarh (O.P. No.3) and to direct the Sub-Registrar, Athagarh (O.P. No.3) to register the deed for sale (original of Annexure-1) of the Petitioner.

2. The factual backgrounds of this writ petition, which prompted the Petitioner for filing of the same is that, the land in question involved in the deed for sale (original of Annexure-1) was originally settled in favour of the vendor of the Petitioner i.e. in favour of the O.P. No.4 in a Jawan Lease case in the year 1973, as the vendor of the Petitioner i.e. O.P. No.4 was a Ex-Army person. The R.o.R. of the properties indicated in the deed for sale was recorded in the name of the vendor of the Petitioner i.e. in the name of the O.P. No.4. under Khata No.243/94 under Stitiban status. The vendor of the Petitioner i.e. O.P. No.4 had/has been possessing the properties of Khata No.243/94 in Mouza Madhabapur under Athagarh Tahasil since the date of settlement of the same in his name i.e. since the year 1973 and he (O.P. No.4) had/has been paying rent of the same to the Government regularly with valid rent receipts. In order to meet the necessities of the O.P. No.4, he (O.P. No.4) gave a proposal of sale of the Properties under Khata No.243/94, Plot No.491/1012/1120 to the Petitioner, to which, the Petitioner accepted and agreed to purchase on payment of due consideration amount thereof and thereafter, the deed for sale (original of Annexure-1) was executed by the O.P. No.4 in favour of the Petitioner in respect of Plot No.491/1012/1120 and the same was presented before the Sub-Registrar, Athagarh (O.P. No.3) on dated 28.02.2025 for its registration.

But, the Sub-Registrar, Athagarh (O.P. No.3) without registering the said deed for sale (original of Annexure-1) on the same day i.e. 28.02.2025, he (O.P. No.3) deferred its registration and sought for a clarification from the A.D.M.-cum-District Registrar, Cuttack (O.P. No.2), whether the said deed for sale (Original of Annexure-1) is registrable or not.

After receiving the reply from the A.D.M.-cum-District Registrar, Cuttack (O.P. No.2) through letter No.646/2025 (DSR) dated 09.04.2025, the Sub-Registrar, Athagarh (O.P. No.3) passed the impugned order dated 10.04.2025 (Annexure-4) refusing to register the deed for sale (original of Annexure-1) of the Petitioner assigning the reasons that, “the deed for sale was presented by the Petitioner before him on dated 28.02.2025, but, after scrutiny, it is found that, the schedule property mentioned in the presented sale deed has been mutated from its previous Khata No.249, which was recorded by Jawan Lease Case No.23 in the year 1973 as mentioned in the remarks column of the R.o.R. For which, necessary clarification was sought for from the A.D.M.-cum-District Registrar, Cuttack in this regard, whether the said properties are transferbale through sale deed or not. The A.D.M.-cum-District Registrar, Cuttack vide its office letter No.89 dated 03.03.2025 clarified through its letter No.646/2025 (DSR) dated 09.04.2025 that, the land should not be transferred, as it holds the leasehold status, because, it was settled in Jawan Lease Case with certain terms and conditions, for which, the said document is refused for registration as per Rule 148(xi) of the Orissa Registration Rules, 1988”.

3. On being dissatisfied with the above order of refusal