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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Goldenland Development Ltd., New Delhi – Appellant
Versus
Sub-Registrar’s Office, Khalikot – Respondent
| Table of Content |
|---|
| 1. petitioners seek registration of sale deeds. (Para 2) |
| 2. arguments regarding legality of property attachment. (Para 3 , 4) |
| 3. police cannot impede registration without court order. (Para 6) |
| 4. court directs registration of sale deeds. (Para 7 , 8) |
ORDER :
1. This matter is taken up through hybrid mode.
3. Mr. Biswal, learned counsel submits that the Petitioner- company had accepted investments and deposits from the investors and depositors, but it could not act upon the promise made to them. Accordingly, proceeding under the Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 (for brevity ‘the Act’) was initiated and some of the properties of the Petitioner-company have been attached. Criminal proceedings are also pending against the Petitioner-company. At that juncture, the Petitioner-company presented the sale deeds under Annexure-6 series for registration. The Sub-Registrar, Khalikote-Opposite Party No.1 relying upon the instruction issued under Annexure-2 is not registering the documents. Hence, this writ petition has been filed.
“9. Article 300-A of the Constitution of India provides that no personal shall be deprived of his propert
A police officer cannot prevent the registration of property transactions without a competent court's order, as such actions violate constitutional protections against arbitrary deprivation of proper....
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....
Police cannot arbitrarily prohibit property registrations without prior legal authority or court orders, as per Article 14 of the Constitution.
A registering authority cannot refuse to register a deed based on the non-production of prior title documents; title determination is beyond its jurisdiction.
The court affirmed that the indefinite retention of a duly submitted sale deed without a lawful order violates the Indian Registration Act, necessitating prompt registration.
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 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.
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.
A sale certificate issued after an auction sale must be filed in Book 1 by the Sub-Registrar without refusal, as it does not require registration under the Registration Act.
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