IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA, J.
Jajati Keshari Mohanty - Petitioner
Versus
State of Odisha and others - Opposite Parties
W.P.(C) No.5563 of 2025
Decided On : 12-03-2025
| Table of Content |
|---|
| 1. petitioner's ownership and intent to sell property. (Para 1 , 2 , 3 , 4) |
| 2. opposition from santilata das regarding the sale deed. (Para 5 , 6 , 7) |
| 3. court's power to review registration refusal. (Para 8 , 10 , 11 , 12) |
| 4. legal principles governing the authority of the registering officer. (Para 9) |
| 5. writ petition allowed; registration ordered. (Para 14 , 15) |
Judgment :
A.C. Behera, J.
This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) the orders dated 11.07.2023 (Annexure-3) and 14.10.2024 (Annexure-4) passed in Refusal Case No.01 of 2023 and in Registration Appeal No.04 of 2023 by the District Sub- Registrar/Registering Officer, Balasore (opposite party No.3) and Additional District Magistrate-cum-District Registrar, Balasore (opposite party No.2) respectively.
2. The case of the petitioner is that, he (petitioner) is the owner of the properties vide Plot Nos.543/1734 and 544/1735 under Khata No.574/84 in mouza Mallikashpur, Unit No.16 under Town Police Station in the District of Balasore.
In order to meet the necessities of the petitioner i.e. for construction of a new building as well as for repayment of hand loans, he (petitioner) gave proposal for sale of his above two plots to one Anadi Charan Pati of village Armala under Remuna Police Station in the District of Balasore for a consideration of Rs.1,25,38,024/- (rupees one crore twenty five lakh thirty eight thousand twenty four), to which, he (Anadi Charan Pati) agreed. Then as per the understandings between the petitioner and his vendee Anadi Charan Pati, the date of execution and registration of the deed of sale between them in respect of the above two plots of the petitioner was fixed to 07.07.2023.
Accordingly, on dated 07.07.2023, the petitioner purchased e-stamp papers for Rs.1,26,920/-(rupees one lakh twenty six thousand nine hundred twenty) for execution of the sale deed on the same. Then, the details of the sale transactions relating to sale of the aforesaid two plots of the petitioner in favour of his vendee Anadi Charan Pati were typed through computer system on the aforesaid purchased stamp papers of the petitioner according to the versions of the petitioner in presence of his vendee Anadi Charan Pati and witnesses. After completion of typing and knowing about the contents of the sale deed and admitting the same to be as correct, the petitioner, his vendee Anadi Charan Pati, witnesses, deed writer and advocate signed on the same. Annexure-1 Series is the copy of the said executed sale deed with receipt of e-stamp papers.
Thereafter, the petitioner presented the said executed sale deed before the District Sub-Registrar, Balasore (opposite party No.3) for registration of the same on that day i.e. on 07.07.2023 and accordingly, as per the direction of the opposite party No.3, the said deed was processed in the office of the opposite party No.3 for registration. During the course of processing, as per the requirements under law, the petitioner paid Rs.5,03,050/- (rupess five lakh three thousand fifty) in total towards registration fees, user charges along with other required fees as per Annexure-2 and the said deed was generated through e-registration system with ID No.62306699 and as such, all the legal formalities and requirements for registration of the sale deed was completed and that sale deed was fully ready for registration after being checked and processed in its all respect on that day i.e. on 07.07.2023 by the opposite party No.3 and its staffs in his office.
On that day i.e. on 07.07.2023, when the said executed sale deed was kept on the table of opposite party No.3 for registration and when the petitioner, his vendee, identifier, witnesses, deed writer and advocate of the petitioner were present in front of the table of the opposite party No.3 and when the said sale deed was about to be registered by the opposite party No.3, surprisingly, the
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
The Registrar's decision under the Registration Act is summary in nature and limited in operation, and the Registrar's jurisdiction is narrower compared to the plenary jurisdiction of the Civil Court....
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.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
The registration of a sale deed is deemed complete when necessary endorsements are made under the Indian Registration Act, obliging the registering officer to promptly return the deed.
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
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