Disposed

Parbati Behera v. State of Odisha

Orissa HC25 Nov 2022WP(C)/27691/2022

Case brief

AI extract

What is this about?

Writ petition challenging refusal of registration of sale deed by Sub-Registrar received in hybrid mode. Court directed petitioner to file application under Section 71 of the Registration Act. Sub-Registrar ordered to pass reasoned order if document cannot be registered.

What did the court decide?

Applicant directed to file application under Section 71 of Registration Act within two weeks; Sub-Registrar to pass reasoned order and supply reasons if refusing registration.

Parbati Behera Vs State of Odisha — Property and Title | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.27691 OF 2022

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Parbati Behera

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.... Petitioner

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Mr. Pramoda Kumar Mishra, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. A.R. Dash, Additional Government Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA ORDER

Order No.

25.11.2022

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, Marsaghai-Opposite Party No.3 to register the sale deed presented before him in respect of Plot Nos.2395 and 2395/3029 situated in mouza Kalagada under Mohakalpada Tahasil in the district of Kendrapada.

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Learned counsel for the Petitioner submits that although the Petitioner has produced the document for registration before the Sub-Registrar, Marsaghai-Opposite Party No.3, he has refused to register the same.

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Section-71 (1) of the Registration Act, 1908 (for short ‘the Act’) 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 sub-district, 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

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document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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In view of the clear provision, the Petitioner is required to file an application under Section 71 of the Act in order to take further action in the matter. Accordingly, it is directed that in the event the Petitioner files an application under Section 71 of the Act along with the document intended to be registered within a period of two weeks hence along with certified copy of this order, the Sub-Registrar, Marsaghai-Opposite Party No.3 shall do well to consider the same and pass a reasoned order thereon. If the Sub-Registrar, Marsaghai is of the opinion that the deed/document in question cannot be registered, he shall supply the reasons of refusal of registration of such document within a period of three weeks therefrom.

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

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Learned counsel for the Petitioner undertakes to serve a copy of the writ petition along with copy of this order on learned State Counsel for reference and communication.

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

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bks

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Parbati Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Parbati Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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