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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 :
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 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).
2. The case of the petitioner in this writ petition is that, when he (petitioner) presented the deed for sale dated 18.08.2025 (original of Annexure-1) before the Sub-Registrar, Banki (Opp. Party No.3) as the registered power of attorney holder of the executant Manjuli Nayak being present with the vendee/purchaser of the said deed and witnesses thereof along with the original registered power of attorney executed in favour of the petitioner by the executant for registration of the deed for sale, the Opp. Party No.3 orally refused to receive the said deed for sale (original of An
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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