*** vs State Of Odisha & Others on 22 August, 2025

Orissa High Court

*** vs State Of Odisha & Others on 22 August, 2025

                 ORISSA HIGH COURT : CUTTACK




                   WP(C) No.21047 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Biranchi Narayan Panda & Another
… Petitioners.

-VERSUS-

     State of Odisha & Others
                                    ...         Opposite Parties.



Counsel appeared for the parties:

For the Petitioners        : Mr. J. Pani, 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 : 22.08.2025 :: Date of Judgment : 22.08.2025

WP(C) No.21047 of 2025 Page 1 of 5
J UDGMENT

ANANDA 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, Jajpur in the district

of Jajpur (O.P. No.5) to receive the deed for sale of the

petitioners for registration, because, the O.P. No.5 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.5 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.

WP(C) No.21047 of 2025 Page 2 of 5
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.”

WP(C) No.21047 of 2025 Page 3 of 5

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,

Jajpur in the district of Jajpur (O.P. No.5) to receive the deed

for sale, if presented by the petitioners with the certified copy

WP(C) No.21047 of 2025 Page 4 of 5
of this Judgment 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.5 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

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

WP(C) No.21047 of 2025 Page 5 of 5