ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Ritesh Patel – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. power of attorney holder's rights to register deeds. (Para 1 , 2 , 3) |
| 2. legal authority of sub-registrar regarding deed registration. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. precedents restricting sub-registrar's refusal. (Para 10) |
| 4. final order directing registration process. (Para 11 , 12) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner against the Opposite Parties praying for directing the Sub- Registrar, Banki (O.P. No.3) to register the deed for sale dated 18.08.2025 (original of Annexure-1).
3. On being dissatisfied with the aforesaid refusal to receive deed for registration by the O.P. No.3, the Petitioner filed this writ petition under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the O.P. No.3 to accept the deed for sale dated 18.08.2025 executed by Manjuli Nayak through her registered power of attorney holder i.e. petitioner in favour of the vendee/purchaser thereof for registration and to register the same on presentation by the petitioner, as the registered power of attorney holder of the executant Manjuli Nayak.
5. Sub-Clause 1(a) of Section 33 of The
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.
The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.
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