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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Manoj Dash – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners seek to challenge refusal of sale deed registration. (Para 1 , 2) |
| 2. arguments for legality of registration despite ongoing settlement. (Para 3) |
| 3. no restriction on property alienation during settlement. (Para 4) |
| 4. instructions clarify registration process under law. (Para 5) |
| 5. court finds impugned orders unsustainable. (Para 6) |
| 6. court orders resubmission for registration consideration. (Para 7) |
ORDER :
1. This matter is taken up through hybrid mode.
2. The Petitioners in this writ petition seek to assail the refusal order Nos.1408 and 1409 dated 4th November, 2023 (Annexures-4 and 5) respectively passed by the Registering Officer, Khandagiri, Bhubaneswar.
3. Mr. Mohapatra, learned counsel for the Petitioners submits that with an intention to alienate Plot No.61/1761 under Khata No.224/270 to an extent of Ac.0.054 decimals out of Ac.1.000 decimals of mouza Sampur in the district of Khurdha, the Petitioners presented two sale deeds before the Registering Officer-cum-Sub-Registrar, Khandagiri-Opposite Party No.4. The Registering Officer, Khandagiri refused to register the sale deeds holding that settlement operation in the area was going on. Hence, this wri
The court established that ongoing settlement operations do not legally preclude the registration of property sale deeds under the Registration Act, aligning with prior judicial decisions.
The Court ruled that properties not under attachment cannot be refused registration of sale deeds based on anticipation of future actions; thus, registration must proceed as long as no attachment exi....
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 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.
Registering authority cannot refuse sale deed registration citing fragmentation, red zone, or lack of permissions under other laws; powers limited under Sections 34-35 to execution and identity verif....
Registration of a sale-deed cannot be denied if it is duly executed and meets legal requirements, regardless of the nature of the land.
The previous registration of part of the property precludes the application of Section 22A, necessitating the current deed's registration.
Sub-Registrar must accept deeds for registration; statutory rights of landowners to alienate property prevail over executive instructions.
Sub-Registrar cannot refuse registration based on dismissed civil suits without restraint order.
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