Disposed¶3

Puja Upadhaya v. State of Odisha

Orissa HC9 Apr 2025WP(C)/4004/2025

Case brief

AI extract

What is this about?

Non-registration of Sale Deed dated 29.11.2024 (Khata No.175, Plot No.740, Mouza Balukhand, Puri); refusal under S.71 Registration Act 1908; alternative remedy — statutory appeal under S.72 before District Registrar; condonation of delay despite expiry of 30-day limitation under S.72(1); right to property; W.P.(C) No. 4004 of 2025 disposed of by Justice M.S. Sahoo on 09.04.2025; two-week window to file appeal, failing which DSR order dated 03.01.2025 revives.

What did the court decide?

Writ petition disposed of with liberty/direction: petitioner to file a properly constituted statutory appeal before the District Registrar within two weeks; the appeal shall be entertained and decided on merits with delay condoned; failing which the DSR, Puri's order dated 03.01.2025 shall stand with legal consequences. ¶3

Puja Upadhaya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 4004 of 2025

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Puja Upadhaya

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…. Petitioner

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Mr. T. Panigrahi, Advocate

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-versus- State of Odisha and others …. Opp. Parties Mr. D. Mohanty, AGA

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CORAM:

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JUSTICE M.S.SAHOO

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ORDER

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09.04.2025

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Order No. Hybrid Mode

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01. 1. Heard learned counsel for petitioner.

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It is submitted that the petitioner is aggrieved by the non-registration of the document presented for registration before the District Sub-Registrar, Puri under the provisions of Indian Registration Act, 1908. The details of the document has been mentioned as: Sale Deed dated 29.11.2024 in Khata No.175, Plot No.740, area Ac.0.06 decimal out of Ac.0.35.100 decimal, Kissam-Sarad-III of MouzaBalukhand-151 and corresponding to Sabik MouzaBalukhand-109, Sabik Khata No.110 and Plot No.400.

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2. Learned AGA in response submits that since the registration was refused under the provisions of section 71 of the Registration Act, 1908, the said order is appealable, appeal being provided under section 72. It is submitted that the appellate authority-District Registrar being fact finding

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Page 1 of 2

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authority, petitioner has a more efficacious remedy in form of statutory appeal under section 72 of the Registration Act, 1908.

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Learned counsel for petitioner submits that the petitioner shall move the authority within two weeks by filing a properly constituted appeal.

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3. Since section 72(1) provides to approach the Registrar within thirty days from the date of the order, period of limitation to move appeal has already expired. It is observed that since the petitioner’s right to property and to deal with the property is involved, if the petitioner approach the District Registrar by filing appeal within two weeks, the same shall be entertained and considered on merits by the appellate authority, Registrar by condoning the delay in filing the appeal.

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Failure on part of the petitioner to approach the appellate authority within two weeks as undertaken, shall result in the order dated 3^rd January, 2025 passed by the DSR, Puri to be followed with the legal consequences.

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4. The writ petition stands disposed of.

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Authority shall act upon production of the certified copy of the order.

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Signature Not Verified Urgent certified copy as per Rules.

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Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: OHC Date: 09-Apr-2025 20:37:26

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dutta

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Puja Upadhaya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Puja Upadhaya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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