IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.730 of 2026

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

-versus-

State of Odisha and Another …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. Jayanta Kumar Majhi,

Advocate.

For Opposite Parties - Mr. G. Mohanty,

Standing Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :09.01.2026

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, Gop (O.P. No.2) to receive the deeds for sale (originals of Annexures-1 & 2) of the petitioner for registration, because the O.P. No.2 orally refused to receive the same expressing that, there is complain before him by someone for non-receiving the said deeds (originals of Annexures-1 & 2) for registration. For which, the petitioner filed this writ petition praying for directing the O.P. No.2 to receive the deeds for sale (originals of Annexures-1 & 2) of the petitioner for

registration.

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

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 in spite of any complain by someone for non-receiving the same and in spite of pendency of any civil suit in respect of the land covered in the deed or deeds for sale. The Sub-Registrar is either to register the document/deed after receiving it or to refuse to register the same indicating the reasons for non-registration, if for any reason under law, the said document/deed 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 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) 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.

(ii) In a case between Bihar Deed Writers Association and others Vrs. State of Bihar and others reported in 1989 (2) Civil Court Cases 172 (Patna) & 1988 SCC Online Patna 142 that, if the transferor does not have any title or has an imperfect title to the property, the transferee on transfer will either get no title or he will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority.

The registering authority is bound to register it. (Para 3)

(iii) In a case between K.Gopi Vrs. The Sub- Registrar and others reported in 2025 (III) Civ.L.J (SC) 575 (in Para No.15) that, The registering officer is not concerned with title held by the executant, because, he has no adjudicatory power to decide, whether the executant has any title. Even if, an executant executes a sale deed or a lease deed in respect of a land, of which