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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 :
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.
3.1. Mr. Mohapatra, learned counsel further submits that there is no restriction under Section 22 -A of the Registration Act, 1908 to refuse the registration of the sale deeds on the ground of continuance of settlement operation. However, the Registering Officer, Khandagiri refused to register the sale deeds on flimsy grounds under Annexures-4 and 5. He also relied upon the decision in the case of Ranjan Kumar Routray v. State of Odisha and others, 2023 (I) OLR 672, wherein this Court held as under:
The said position as taken by the State is quite un
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.
Registration of a sale-deed cannot be denied if it is duly executed and meets legal requirements, regardless of the nature of the land.
Point of Law : Refusal of registration of property - Once civil litigation is pending and an injunction order is granted preventing alienation, no alienation can take place.
The pendency of a suit does not prevent the registration of a transaction, as per Section 52 of the Transfer of Property Act, 1882.
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