Disposed

Pramila Parida v. State of Odisha

Orissa HC21 Oct 2022WP(C)/27876/2022

Case brief

AI extract

What is this about?

This High Court allowed the writ petition by directing the Sub-Registrar Odagaon to register a sale deed or record reasons for refusal under Section 71(1) of the Registration Act, 1908, upon the petitioner's application.

What did the court decide?

Directed petitioner to file Section 71 application within two weeks; directed Sub-Registrar to register deed or supply reasons for refusal within three weeks.

Pramila Parida Vs State of Odisha — Property and Title | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 27876 OF 2022

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Pramila Parida

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... Petitioner

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Mr. Saroj Kumar Padhi, Advocate

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-versus-

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…. State of Odisha and others

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Opp. Parties

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Mr.Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

21.10.2022

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, Odagaon-Opposite Party No.6 to register the sale deed presented before him in respect of Plot No.559/1079 under Khata No.181/322 situated in mouza Kadalibandha under Odagaon Tahasil in the district of Nayagarh.

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Mr. Padhi, learned counsel for the Petitioner submits that although the Petitioner has produced the document for registration before the Sub-Registrar, Odagaon, 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

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No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or

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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, Odagaon-Opposite Party No.6 shall do well to consider the same and pass a reasoned order thereon. If the Sub-Registrar, Odagaon 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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(K.R. Mohapatra) Judge

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bks

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Pramila Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pramila Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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