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2025 Supreme(Ori) 819
ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA, J.
Babula Sahu And Another - Petitioners
Versus
State Of Odisha And Others - Respondents
WP(C) No.23918 of 2025
Decided On : 22-09-2025
Important Points
Subject
Property Law - Registration of Documents
Act Referred
Headnote
(B) Writ Petition - The jurisdiction of the High Court under Articles 226 and 227 to direct subordinate authorities to act in accordance with established legal provisions is affirmed when no lawful order for non-registration is provided. (Para 3)
Facts of the case:
This writ petition was filed by the petitioners seeking directions to the District Sub-Registrar, Kandhamal, to register their sale deed submitted on 17.04.2025, which has remained unregistered without any legal justification.
Findings of Court:
The court found that the retention of the sale deed by the District Sub-Registrar was not consistent with the law and directed that the deed be acted upon promptly upon the presentation of the certified copy of the judgment.
Issues: The primary issue was whether the District Sub-Registrar had the authority to retain the sale deed without registration or passing an order for non-registration.
Ratio Decidendi: The court concluded that the retention of the sale deed violates Section 71 of the Indian Registration Act, affirming that the registry must proceed with the registration of the deed without unjustified delay.
Result: Writ petition allowed.
For the Petitioner:Mr. B.B. Panda, Advocate.
For the Respondent: Mr. T. Kumar, Addl. Standing Counsel
| Table of Content |
|---|
| 1. petition filed for deed registration delay. (Para 1) |
| 2. hearing from both parties on petition. (Para 2) |
| 3. district sub-registrar's legal obligations outlined. (Para 3 , 4 , 5 , 6) |
| 4. writ petition granted; directive issued. (Para 7 , 8) |
| 5. final disposal of writ petition. (Para 9) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the District Sub-Registrar, Kandhamal(Opposite Party No.4) to register the deed for sale of the petitioners, which was presented by them (petitioners) before the Opposite Party No.4 on dated 17.04.2025 on full payment of e-stamp duties, as, till yet, since 17.04.2025, the District Sub-Registrar, Kandhamal(Opposite Party No.4) is not registering the same, though the said deed for sale has been kept by the Opposite Party No.4.
2. Heard from the learned counsel for the petitioners and learned Additional Standing Counsel for the State.
3. As per the provisions of law envisaged in Section 71 of the Indian REGISTRATION ACT , 1908, the District Sub-Registrar, Kandhamal has no authority under law to retain the deed for sale with him for an indefinite period after its acceptance for registration without passing any order for non-registration of the same.
4. For which, the retention of the deed for sale of the petitioners by the District Sub-Registrar, Kandhamal(Opposite Party No.4) with him since 17.04.2025 without registering the same and without passing any order under Section 71 of the REGISTRATION ACT , 1908 is not inconformity with law.
5. Therefore, necessary directions can be given to the District Sub-Registrar, Kandhamal(Opposite Party No.4), through this writ petition filed by the petitioners to Act upon the said deed for sale of petitioners(which has been kept by the Opposite Party No.4 with him since 17.04.2025), as per the Indian REGISTRATION ACT , 1908 and the Indian Registration Rules, on the very date of production of the certified copy of this judgment.
6. Therefore, there is merit in this writ petition filed by the petitioners. The same is to be allowed.
7. In the result, this writ petition filed by the petitioners is allowed.
8. The District Sub-Register, Kandhamal(Opposite Party No.4) is directed to act upon the deed for sale(which was presented by the petitioners on dated 17.04.2025) on the very same day of production of the certified copy of this judgment by the petitioners before him(Opposite Party No.4) as per Indian REGISTRATION ACT , 1908 and the Registration Rule, 1988.
9. As such, this writ petition filed by the petitioner is disposed of finally.
