Damodar Mishra vs State of Odisha - 2025 Supreme(Ori) 1019

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 1019

ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Damodar Mishra – Appellant
Versus
State of Odisha – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr.Karunakar Rath,Advocate.
For the Opposite Parties : Mr. G.Mohanty, SC

Table of Content
1. petitioner's request for sale deed registration. (Para 1 , 2)
2. hearing of parties in the case. (Para 3)
3. co-owners' rights under section 44. (Para 4 , 5 , 6 , 7)
4. merit in the petitioner's case. (Para 8 , 9)
5. order for registration of the sale deed. (Para 10 , 11 , 12)

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of the India, 1950 has been filed by the petitioner praying for quashing the letter No.5554 dated 25.10.2024 of the Collector, Cuttack and to direct the Opposite Parties to execute and register the sale deed of the petitioner concerning the transfer of his shares in Plot No.1932, 1933 and 1934 under Khata No.435/143 and 435/203 in Mouja Cuttack Town under Unit No.14.

2. The case of the petitioner in this writ petition is that, he (petitioner) being an old man, in order to meet his self-medical treatments, he (petitioner) decided to sell his shares in Plot Nos.1932, 1933 and 1934 and gave proposal for sale of the same to one Karunakar Rath for consideration amount of Rs.40,00,000/- (Forty Lakh Rupees only), to which, Karunakar Rath accepted and agreed to purchase.

Accordingly, the petitioner exec