ORISSA HIGH COURT : CUTTACK

WP(C) No.27695 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Binod Kumar Behera

… Petitioner.

-VERSUS-

State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Ms. S.K. Nayak (2), Advocate

For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 03.09.2025 :: Date of Judgment :17.09.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing Sub-Registrar, Bhadrak (O.P. No.2) in the district of Bharak to accept the deed for sale of the petitioner for registration, because, the Sub-Registrar, Bhadrak (O.P. No.2) orally refused to receive the deed for sale of the petitioner for registration expressing that, he will not receive the same, because, in respect of the properties of the said deed for sale, a Civil Suit is pending.

2. Heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.

3. The factual backgrounds of this writ petition as per the submissions of the learned counsel for the petitioner that, when, he (petitioner) moved to the Office of the Sub-Registrar, Bhadrak (O.P. No.2) after booking online slot on dated 20.09.2025 for selling properties indicated in the deed for sale to the Opp. Party No.3 and presented that deed for sale before the Sub-Registrar, Bhadrak (O.P. No.2), the Sub- Registrar, Bhadrak (O.P. No.2) did not receive that deed for sale of the petitioner for registration and orally refused to receive the same expressing that, he (Opp. Party No.2) is aware that, a Civil Suit vide C.S. No.819 of 2022 is pending in respect of the properties covered under the deed for sale of the petitioner, for which, he (Opp. Party No.2) shall not receive that deed for sale of the petitioner for registration. Therefore, the petitioner filed this writ petition praying for directing the Opp. Party No.2 to receive his deed for sale and to register the same.

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. He/she is either to register the document or to refuse to register the same indicating the reasons for non-registration, if that 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 to receive the same, but if the said document is not in compliance with the provisions of law, the Sub-Registrar may refuse to accept that document for registration assigning the reasons in writing about the same.

On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:

I. In a case 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) and in a case between Antaryami Nayak Vs. State of Odisha & Others in WP(C) No.18548 of 2025 decided on 11.07.2025 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.

II. In a case between Jajati Keshari Mohanty Vs.

State of Odisha & Others reported in 2025 (I) OLR 936 that, the Sub-Registrar has no authority or jurisdiction to refuse the registration of the deed for sale on the ground of pendency of the Civil Suit in the Civil Court in respect of the properties covered under the deed for sale in question.

III. In a case between Sarvajanik Jan Kalyan Parmarthik Nyas Vrs. State of M.P. and others reported in 2008 (2) Civil Court Cases 703 (Madhya Pradesh) that