IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22649 of 2025

(An application under Articles 226 and 227 of the Constitution of India, 1950) Bibhuti Bhusana Swain …. Petitioner

-versus-

State of Orissa and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. S.K. Jethy,

Advocate.

For Opposite Parties - Mr. Tej Kumar,

Addl. Standing Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :21.08.2025

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, Ganjam (O.P. No.3) to register the sale deed, which was presented by the petitioner on dated 06.08.2025 for registration. Because, the original of Annexure-1 was presented by the petitioner on dated 06.08.2025 before the O.P. No.3 for registration, to which, the O.P. No.3 neither registered nor returned back the said deed

for sale to the petitioner, but has retained the same with him (O.P. No.3).

2. Heard from the learned counsels of both the sides.

3. The law is very much clear that, the Sub-Registrar (O.P. No.3) cannot orally refuse to register any document, when the same is presented for registration. Because, as per law, the Sub-Registrar either to register the document presented for registration or to refuse the same to register indicating in writing about the reasons for its non-registration, if the same is not legally fit for 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 register 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-registration and refusal, but without registering or without refusing to register the same in writing, the Sub-Registrar cannot retain the same with him in his office.

4. 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.

5. So, by applying the propositions of law enunciated in the ratio of the above decisions and also taking the Indian Registration Act, 1908 and The Orissa Registration Rules, 1988 into account, it is felt proper to dispose of this writ petition finally directing the Sub-Registrar, Ganjam (O.P. No.3) to act upon the said sale deed (which was presented by the petitioner on dated 06.08.2025 before the O.P. No.3 and which is with the O.P. No.3) for registration on the same day on production of the certified copy of this judgment as per the provisions of The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

6. As such, this writ petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack. 21.08.2025//Utkalika Nayak//

Junior Stenographer Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Page 3 of 3 Orissa, Cuttack Date: 22-Aug-2025