Disposed

Dharanidhar Pradhan v. State of Odisha

Orissa HC20 Feb 2023WP(C)/288/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the refusal to register a sale deed, the Court directed the petitioners to file an application under Section 71 of the Registration Act, 1908, requiring the Sub-Registrar to record reasons for refusal within two weeks.

What did the court decide?

Petition disposed; directed petitioners to file an application under Section 71 of the Registration Act, 1908, requiring the Sub-Registrar to record reasons for refusal within two weeks.

Dharanidhar Pradhan Vs State of Odisha — Property and Title | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 288 OF 2023

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Dharanidhar Pradhan and others …. Petitioners

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Mr. Amit Prasad Bose, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate (For Opp. Party Nos.1 and 2)

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.02.2023

This matter is taken up through hybrid mode.

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The Petitioners in this writ petition seek for a direction to the Sub-Registrar, Raghunathpur-Opposite Party No.2 to register the sale deed of the property i.e. Plot Nos.1119 under Khata No.87 situated in Mouza Raghunathpur under the district of Jagatsinghpur to the extent of the Petitioner’s share in the ROR.

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Mr. Bose, learned counsel submits that although the Petitioners have produced documents for registration before the Sub-Registrar, Raghunathpur, 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. 5. In view of the clear provision, Petitioners are 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 Petitioners file 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, Raghunathpur-Opposite Party No.2 shall do well to consider the same and pass a reasoned order thereon. If the Sub-Registrar, Raghunathpur 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 two weeks therefrom.

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

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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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Dharanidhar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dharanidhar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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