The High Court of Orissa directed the Sub-Registrar to return the registered sale deed to the petitioner within three days, relying on precedents that the officer cannot retain possession of a registered instrument once the registered status is admitted.
Return of the registered sale deed to the petitioner within a period of three days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 17977 OF 2022
Rudra Narayan Pradhan …. Petitioner
Mr. Sidhartha Mishra, Advocate -versus-
State of Odisha and others
…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
11.08.2022
No. dated 21st June, 2022 to make good the deficit stamp duty, which has been complied with by the Petitioner. It is his
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submission that after receipt of deficit stamp duty, the document has already been registered, but the Sub-Registrar, Badachana is withholding the document without releasing it in favour of the Petitioner.
“9. On the aforesaid analysis, we hold that neither the Registering Officer nor the Stamp Collector in exercising jurisdiction under Section 47-A of the Act is legally entitled to retain possession of the instrument (sale deed) of the petitioner. They are legally obliged to return the same. It is apparent that interim order was passed in this writ petition on 29.6.2009 directing the opposite parties to return the registered sale deed in question to the petitioner
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subject to further orders to be passed in the writ petition. We, therefore, direct that the instrument (sale deed) in question which has not yet been returned to the petitioner in pursuance to the interim order dated 29.06.2009 be returned within ten days from the date of communication of this order or production of a certified copy thereof, whichever is earlier.”
Urgent certified copy of this order be granted on proper
application.
bks
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2 issues framed by the court
Whether the Sub-Registrar is legally entitled to retain possession of a registered sale deed despite a pending civil suit.
Whether the Registering Officer is duty-bound to return the registered document to the petitioner forthwith.
Colour shows how this judgement treated each authority
M/s. Harshpriya Construction (P) Ltd. v. T.M.S. SugunaRelied on¶21
M/s. Harshpriya Construction (P) Ltd. –v- T.M.S. Suguna, the Inspector General of Registration, Orissa, Cuttack, (2010) 109 CLT 772
1 provisions across 1 enactments
Rudra Narayan Pradhan
State of Odisha
Sub-Registrar, Badachana
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
