ORISSA HIGH COURT : CUTTACK

WP(C) No.26819 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Chhinderpel Kaur

… Petitioner.

-VERSUS-

State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Mr. K.N. Guru, Advocate

For the Opposite Parties : Mr. T. Kumar, Addl. Standing Counsel.

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 23.09.2025 :: Date of Judgment : 23.09.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1.

This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the District Sub-Registrar, Sambalpur (O.P. No.3) to receive the deed for sale of the petitioner for registration, because, the O.P. No.3 has orally refused to receive the same. For which, the petitioner has filed this writ petition praying for directing the Opp. Party No.3 to receive the deed for sale of the petitioner for registration.

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

3. The law is very much clear that, the Sub-Registrar cannot orally refuse to receive any document, when the same is presented for registration. He/she is either to register the document after receiving it or to refuse to register the same indicating the reasons for non-registration, if for any reason under law that, the said document 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/District Sub- Registrar to receive the same, but if the same is not fit for registration as per law, the Sub-Registrar/District Sub- Registrar may refuse to accept that document for registration assigning the reasons in writing about the same.

4. On this aspect, the propositions of law has already been clarified in the decisions 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 any document presented for registration, but after receiving, he/she will consider, whether the same is legally fit for registration or not, because, Section 71 of the Registration Act, 1908 provides that, the Sub-Registrar is to receive a document which is presented for registration and if the same is fit for registration, he/she shall register that deed as per the Registration Act, 1908 and Rules thereof and if the same is not compliance with the provisions of law, he/she shall pass an order of refusal of registration in writing as indicated in Section 71 of the Registration Act.”

5. When, in this matter at hand, the District Sub- Registrar, Sambalpur (O.P. No.3) orally refused to receive the deed for sale of the petitioner for registration, then, in view of the principles of law enunciated in the ratio of the aforesaid decision, his oral refusal to receive the deed for sale of the petitioner cannot be held as inconformity with the law.

6. Therefore, there is no justification under law to disallow this writ petition filed by the petitioner.

7. In result, the writ petition filed by the petitioner is allowed.

8. The District Sub-Registrar, Sambalpur (O.P. No.3) is directed to receive the deed for sale, if presented by the petitioner annexing the certified copy of this Judgment and to act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

If that deed is registered, then after registration, the Opp.

Party No.3 shall return that sale deed to the petitioner within 3 days of its registration after complying all the formalities thereof as per the Rule 100 of The Orissa Registration Rules, 1988 and Notification No.2915 dated 02.08.2017 of I.G.R of Odisha.

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

(ANANDA CHANDRA BEHERA)

JUDGE High Court of Orissa, Cuttack The 23 .09. 2025// Rati Ranjan Naya