IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18321 of 2025

(An application under Articles 226 and 227 of the Constitution of India, 1950) Padmini Bala …. Petitioner

-versus-

State of Odisha and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. A.K. Parida,

Advocate.

For Opposite Parties - Mr. G. Mohanty,

Standing Counsel

B. K. Nayak,

Advocate. (for O.P. No.5)

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :18.08.2025

A.C. Behera, J. This writ petition under Articles 226 & 227 of the

Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Balianta (O.P. No.3) to receive the deed for sale, if presented by the petitioner for registration. Because, the originals of the deed for sale vide Annexure-1 was presented by the petitioner before O.P. No.3 on dated 16.04.2025 for registration, but O.P. No.3

orally refused to receive the same.

For which, without getting any way, the petitioner approached this

Court by filing this writ petition praying for directing the O.P. No.3

through issuance of writ of mandamus to receive the deed for sale, if presented by the petitioner for registration and to act upon the same.

3. Heard from the learned counsel for the petitioner, learned SC for O.P. Nos.1 to 4 and learned counsel for O.P. No.5.

4. The law is very much clear that, the Sub-Registrar cannot orally refuse to receive any document, when the same is presented for registration. Because, as per law, the Sub-Registrar either to register the document or to refuse to register the same indicating the reasons for non- acceptance for registration, if that document is not legally fit for acceptance and registration.

According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for registration, it is the duty of the Sub-Registrar to receive the same and if it is not in compliance with the provisions of law, the Sub-Registrar may not register the same assigning the reasons in writing for such non-acceptance for registration and refusal.

5. On this aspect, the propositions of law has already been clarified in a decision between North East Infrastructure Private Limited and Ors. Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2)

Civ.C.C. 220 (Andhra Pradesh) that, the Sub-Registrar/Registrar, cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same, and thereafter, either register such sale deed or any other document or pass a refusal order.

6. So, by applying the propositions of law enunciated in the ratio of the above decisions and also taking the Rule 147 of The Orissa Registration Rules, 1988 into account, it is felt proper to dispose of this writ petition finally directing the Sub-Registrar, Balianta (O.P. No.3) to receive the deed for sale, if presented by the petitioner with the certified copy of this judgment for registration and to act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

7. Accordingly, the writ petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack. 18.08.2025//Utkalika Nayak//

Junior Stenographer Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Page 3 of 3 Date: 19-Aug-2025