Disposed

Niranjan Naik v. State of Odisha

Orissa HC4 Aug 2020WP(C)/13047/2020

Case brief

AI extract

What is this about?

In this writ petition regarding refusal of sale agreement registration, the Single Judge directed petitioners to file an application under Section 71 of the Registration Act, 1908 to compel the Sub-Registrar to record reasons for refusal within two weeks before the Writ Court could proceed further. Petition disposed.

What did the court decide?

Directed petitioners to file application under Section 71 of the Registration Act, 1908 within two weeks to obtain reasons for refusal from Sub-Registrar.

Niranjan Naik Vs State of Odisha — Writ and Judicial Review | Orissa HC (2020)

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W.P.(C) No. 13047 of 2020

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04.08.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Defects as pointed out by SR is ignored.

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Heard learned counsel for the petitioners and Mr.A.K.Mishra, learned Additional Government Advocate for the State-opposite parties.

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Petitioners in this writ petition seek for a direction to Sub-Registrar, Khandagiri, Bhubaneswar (OP No.2) to accept the document presented by the petitioner for sale agreement of the land pertaining to Hal Plot Nos.2480, 2476, 2477, 2478 in total area Ac.0.500 decimal out of Ac.1.00 acre of Hall Khata No.2239 of mouza Pathargadia under Bhubaneswar Tahasil forthwith and register the same.

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Learned counsel for the petitioners contends that although they have presented documents for registration before the Sub-Registrar, Khandagiri, he has refused to register the same.

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Section-71 (1) of the Registration Act, 1908 provides that every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his subdistrict, shall make an order of refusal and record his reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment

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-2-

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and unnecessary delay, give him a copy of the reasons so recorded.

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In view of the clear provision, the petitioners are required to file an application under Section 71 of the Registration Act, 1908 in order to take further action in the matter. Accordingly, it is directed that in the event the petitioners file an application under Section 71 of the Registration Act, 1908 within a period of two weeks hence along with the documents, the opposite party No.2-Sub-Registrar, Khandagiri shall do well to supply the reasons of refusal of registration of the documents, if any within a period of two weeks there from.

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With the aforesaid observation and direction, the writ petition stands disposed of.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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……………………….. K.R.Mohapatra, J.

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ss J.

Niranjan Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Niranjan Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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