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.

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 4^th 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 writ petition has been filed.

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:

“5..............It has been added that a Special Survey and Settlement Operation for preparation of RoR in 204 villages of Jagatsinghpur, Jajpur, Kendrapara and Kalahandi districts including the village- Jhimani, where the petitioner's land is situated, has been taken up. It has been stated by the Opposite Parties that once the said operation is over, the relevant sale deed can be registered, subject to compliance of statutory provisions.

The said position as taken by the State is quite unreasonable and contrary to the provisions of the Registration Act. Sale or purchase of the immovable property cannot be restricted by way of the executive order. If the RoR of the last survey and settlement operation is available, the registration of the deeds relating sale or any other form of transfer cannot be denied as the same does meet the requirement of Section 22 -A of the Registration Act, as reproduced. Hence, the action being arbitrary is unsustainable. The State has acquiesced in the counter affidavit, to the fact that in a large number of areas survey and settlement operation has not been carried out in terms of the 1958 Act. The petitioner has approached this Court without presenting the sale deed.”

He, therefore, submits that the impugned orders under Annexures-4 and 5 should be set aside and the Registering Officer, Khandagiri should be directed to consider the registration of the sale deeds intended to be presented by the Petitioner without ignoring the pendency of settlement operation.

4. Taking into consideration the submission made by Mr. Mohapatra, learned counsel for the Petitioners, this Court directed learned counsel for the parties to take instruction whether there is any restriction for alienation of the property during continuance of settlement operation. Learned counsel for the parties submit that there is no such restriction either under Registration Act, 1908 or under the Orissa Survey and Settlement Act, 1958 and the Rules framed thereunder for alienation of the property, when the settlement operation is going on.

5. Mr. Mishra, learned Additional Standing Counsel, however, produces a copy of the letter dated 16^th January, 2024 issued by the Deputy IGR (CR)-cum-Under Secretary (Regn.) Board of Revenue, Odisha, Cuttack