This High Court directed the Petitioner to file an application under Section 71 of the Registration Act for refusal of registration of a sale deed. The Court ordered the Sub-Registrar to consider such application with reasons.
Direction to file application under Section 71 of the Registration Act within two weeks; Sub-Registrar to pass reasoned order.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 27877 OF 2022 Sanjay Kumar Pradhan and another Petitioners
Mr. Saroj Kumar Padhi, Advocate
-versus-
…. State of Odisha and others Opp. Parties
Mr.Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
21.10.2022
to the Sub-Registrar, Odagaon-Opposite Party No.6 to register the sale deed presented before him in respect of Plot No.559/1080 under Khata No.181/323 situated in mouza Kadalibandha under Odagaon Tahasil in the district of Nayagarh.
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.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
bks
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2 issues framed by the court
Whether a Sub-Registrar refusing to register a sale deed should provide reasons and whether a writ petition is maintainable instead of an application under Section 71.
Whether the Petitioner is required to file an application under Section 71 of the Registration Act before seeking further relief.
1 provisions across 1 enactments
Sanjay Kumar Pradhan and another
State of Odisha and others
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
