Disposed

Jayaprakash Sharma v. Inspector General of Registration, Ctc

Orissa HC8 Dec 2022WP(C)/27635/2022

Case brief

AI extract

What is this about?

Writ petitioner sought direction to return a registered sale deed due to stamp duty and fee deficiencies. Court directed parties to rectify defects within two weeks to proceed with registration, dispensing with the petitioner's proposal for a fresh execution.

What did the court decide?

Direction to parties to rectify stamp duty and fee deficiencies and appear within two weeks for registration.

Jayaprakash Sharma Vs Inspector General of Registration… — Landlord and Tenant | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 27635 OF 2022

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Jayaprakash Sharma …. Petitioner

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Mr. Suryakanta Dash, Advocate

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-versus-

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…. Inspector General of Registration, Opp. Parties Cuttack and others

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Mr. Swayambhu Mishra, Additional Standing Counsel (For Opp. Party Nos.1 and 2)

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

08.12.2022

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks for a direction to the Sub-Registrar, Bhawanipatna-Opposite Party No.2 to return the sale deed dated 11^th May, 2022 presented by the Petitioner(Vendee) after registration.

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Taking into consideration the submission made by learned counsel for the Petitioner, this Court vide order dated 10^th November, 2022 directed learned State Counsel to take instruction in the matter.

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A counter affidavit has been filed by Opposite Party No.2 sating that there is a shortfall of stamp duty for an amount of Rs.503.00 and registration fee of Rs.2601.00.

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Mr. Dash, learned counsel submits that the Petitioner along with the vendor shall take steps to make good the deficiencies in the registration of the sale deed and a direction

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Page 1 of 2

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// 2 //

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may be made for registration of the sale deed after rectification of the defects/deficiencies in the sale deed.

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Mr. Mishra, learned Additional Standing Counsel, however, referring to the letter dated 16^th November, 2022 addressed to the Sub-Registrar, Bhawanipatna by the Petitioner submits that he has requested to cancel the ID in respect of the document presented for registration, so that a fresh sale deed can be executed. Mr. Dash, learned counsel for the Petitioner, however, submits that the Petitioner does not press the said letter addressed to the Sub-Registrar, Bhawanipatna-Opposite Party

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No.2.

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In view of the above, the writ petition is disposed of with a direction that in the event, the Petitioner along with the vendor of the sale deed dated 11^th May, 2022 remain present before the Sub-Registrar, Bhawanipatna-Opposite Party No.2 within two weeks either physically or through visit to the representative of the Registering Authority, they shall be intimated about the deficiencies for registration of the sale deed and after rectification of the same steps shall be taken for registration.

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

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As requested by Mr. Mishra, learned Additional Standing Counsel, a copy of this order be handed over to him for communication and compliance.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Jayaprakash Sharma v. Inspector General of Registration, Ctc

Case brief

What is this about?

What did the court decide?

Jayaprakash Sharma v. Inspector General of Registration, Ctc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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