Disposed

Biswajit Das v. State of Odisha

Orissa HC17 May 2024WP(C)/10407/2024

Case brief

AI extract

What is this about?

Petitioner challenged the Sub-Registrar's refusal to register a sale deed due to pending investigation under deposits protection Act. Court directed Sub-Registrar to consider registration if deed is presented, issuing reasoned order with hearing.

What did the court decide?

Direction to Sub-Registrar to consider the sale deed for registration if presented, pass a reasoned order after hearing parties, and communicate the result.

Biswajit Das Vs State of Odisha — Execution and Attachment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 10407 OF 2024

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Biswajit Das

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…. Petitioner

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Mr. Abhaya Kumar Parida, Advocate -versus-

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State of Odisha and others

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…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.05.2024

This matter is taken up through hybrid mode.

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This writ petition has been filed with a grievance that the Sub-Registrar, Satyabadi-Opposite Party No.3 is not accepting the sale deed executed by Opposite Party No.5, namely, M/s. Maa Tarini Estcon (P) Ltd., in his favour for registration due to the letter issued by the Sub-Inspector, Saheed Nagar P.S. stating that investigation under the provisions of the Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 in respect of the property is pending. 3. Mr. Parida, learned counsel for the Petitioner submits that in similar writ petition, this Court directed the concerned Sub-Registrar and Tahasildar to act upon the direction made in W.P.(C) Nos.19171 and 16414 of 2017, disposed of on 8^th March, 2019. He further submits that the case of the Petitioner may be considered by the Sub-Registrar, Satyabadi in terms of the aforesaid case law.

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Mr. Mishra, learned Additional Standing Counsel submits that the matter requires consideration as to whether the

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ratio decided in W.P.(C) Nos.19171 and 16414 of 2017 is applicable to the transaction in question or not. Hence, he submits that the Sub-Registrar, Satyabadi may take a decision in that regard in the event the sale deed in question presented for registration.

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Taking into consideration the submission made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case disposes of this writ petition with a direction that in the event the Opposite Party No.5, namely, M/s. Maa Tarini Estcon (P) Ltd., presents the sale deed under Annexure-1 for registration before the SubRegistrar, Satyabadi-Opposite Party No.3, he shall do well to consider the same and pass a reasoned order thereon, giving opportunity of hearing to the parties concerned and communicate the result thereof to the Petitioner forthwith.

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

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bks

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(K.R. Mohapatra) Judge

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Signature Not Verified

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Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 17-May-2024 20:04:12

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Biswajit Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswajit Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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