Orissa High Court
*** vs Principal Secretary on 22 August, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.18523 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Subash Chandra Panigrahi & Another
… Petitioners.
-VERSUS-
Principal Secretary, R & D Management, Khurda & Others
… Opposite Parties.
Counsel appeared for the parties:
For the Petitioners : Mr. Golam Madani, Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERADate of Hearing : 13.08.2025 :: Date of Judgment : 22.08.2025
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J UDGMENTANANDA CHANDRA BEHERA, J.–
1. This writ petition under Article 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioners
praying for directing the Sub-Registrar, Dhusuri in the district
of Bhadrak (O.P. No.3) to receive the deed for sale of the
petitioners for registration, because, the O.P. No.3 is not
receiving the deed for sale of the petitioners for registration.
For which, the petitioners have filed this writ petition praying
for directing the Opp. Party No.3 to receive the deed for sale of
the petitioners 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.
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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 same is not fit for registration as per law, the
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) 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 any document presented for registration, but after
receiving, he/she will consider, whether the same is 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 fit for registration, he/she shall pass an
order of refusal of registration in writing as per Section 71
of the Registration Act.”
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5. Section 44 of the T.P. Act, 1882 provides inherent
right/power to a co-sharer of a joint property like the
petitioners to transfer/alienate their undivided share in the
joint property without the consent of their co-sharer or co-
sharers and Sub-Registrar has no power to refuse to
receive the deed for sale presented for registration by a co-
sharer like the petitioners in this matter at hand even if the
deed for sale is executed without the consent of his co-
sharers.
On this aspect, the propositions of law has already been
clarified in the decision between Damodar Mishra Vs. State
of Odisha & Others decided on 03.04.2025 in WP(C)
No.4340 of 2025.
6. So, by applying the principles of law enunciated in the
ratio of the above decision and also taking the Rule 147 of The
Orissa Registration Rules, 1988 into account, it is felt proper
to dispose of this writ petition finally directing Sub-Registrar,
Dhusuri (O.P. No.3) to receive the deed for sale, if presented
by the petitioners with the certified copy of this Judgment
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along with the above decision between Damodar Mishra Vs.
State of Odisha & Others 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 petitioners 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.
7. As such, this writ petition filed by the petitioners is
allowed and disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 22 .08. 2025// Rati Ranjan Nayak
Sr. Stenographer
Signature Not Verified
Digitally Signed
Signed by: RATI RANJAN NAYAK
Reason: Authentication
Location: High Court of Orissa, Cuttack, India.
Date: 25-Aug-2025 16:08:50
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