IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.19428 of 2025

(An application under Article 226 and 227 of the Constitution of India, 1950)

Madhusmita Bhatta …. Petitioner

-versus-

State of Odisha and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. K.C.R.Mohapatra,

Advocate.

For Opposite Parties- Mr. Gyanalok Mohanty,

Standing Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :27.10.2025 :: Date of Judgment :27.10.2025

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

Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Begunia (Opposite Party No.4) in the district of Khordha to accept the deed for sale (original of Annexure-6 series) of the Petitioner for registration, because, the Sub-Registrar, Begunia

the petitioner for registration.

2. Heard from the learned counsel for the petitioner and the learned

Standing Counsel for the State.

3. The law is very much clear that, the Sub-Registrars like Opposite Party No.4 i.e. the Sub-Registrar, Begunia in the District of Khordha cannot orally refuse to receive/accept any document, when the same is presented for registration. He/she is to accept the same, but, if he refused to accept the same on the ground of non-fulfillment of the circumstance or circumstances enumerated in Rule-147 of the Orissa Registration Rules, 1988, he/she shall intimate in writing about the same to the presenter of that deed for sale stating about causes and reasons of non-

acceptance.

Likewise, the Sub-Registrar may also refuse to register the deed for sale as per Section 71 of the Registration Act, 1908 assigning the reasons in writing about the causes and reasons of non-registration.

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) and in a case between Antaryami Nayak vrs. 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.”

5. Therefore, the oral refusal of the Sub-Registrar, Begunia Annexure-6 series) of the petitioner for registration cannot be held as legal in view of the propositions of law enunciated in the ratio of the above decision.

For which, there is justification under law to allow the writ petition filed by the petitioner.

6. Therefore, the writ petition filed by the petitioner is to be allowed.

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

The Sub-Registrar, Begunia (Opposite Party No.4) is directed to receive the deed for sale (original of Annexure-6 series) of the petitioner, if the same is presented by the petitioner annexing the certified copy of this judgment and to act upon the same as per The Registration Act, 1908 and The Orissa Registration Rules, 1988.

If the said deed (original of Annexure-6 series) is registered, then, after registration of the same, the Sub-Registrar, Begunia (Opposite Party No.4) shall return that sale deed to the petitioner within 3(three) 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.

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

Signature No t Ver ified (A.C. Behera), Judge Digitally Signed Signed by: BINAYAK SAHOO Reason: AuthenticatOiornissa High Court, Cuttack Location: High Court T o h f e O 27 ritsh s o a f , O C c u to tt b a e c r k , 2025/ Binayak Sahoo, Jr.Stenographer Date: 29-Oct-2025 1 1:00:32