(An application under Articles 226 and 227 of the Constitution of India v. State of Odisha & Ors.

Mr. T. Panigrahi, Advocate. For Opposite Parties - Mr. G. Mohanty,, Standing Counsel CORAM: HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing and Judgment :30.07.2025 A.C. Behera, J. This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for issuance of writ of mandamus directing the Sub-Registrar, Khandagiri (O.P. No.5) to receive the document, if presented for registration by the petitioner. Because, on dated 19.04.2025, the petitioner had presented an agreement before the Sub-Registrar, Khandagiri (O.P. No.5) for registration, but O.P. No.5 did not receive the same, for which, the petitioner has filed this writ petition. W.P.(C) No.12227 of 2025

Heard from the learned counsels of both the sides. The law is very much clear that, the Sub-Registrar cannot orally refuse to receive any document, when the same is presented for registration. If any document is presented before the Sub-Registrar for registration, the Sub-Registrar either to register the said document or to refuse to register the same indicating the reasons for non-acceptance for registration, if that document is not legally fit for acceptance and registration. According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for registration, it is the duty of the Sub-Registrar to receive the same, but if that document is not in compliance with the provisions of law, the Sub- Registrar may refuse to accept that document for registration assigning the reasons in writing about the same.

On this aspect, the propositions of law has already been clarified in a decision between North East Infrastructure Private Limited and Ors. Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2) Civ.C.C. 220 (Andhra Pradesh) and in a case between Antaryami Nayak Vs. State of Odisha & Others in WP(C) No.18548 of 2025 decided on

11.07.2025 that, the Sub-Registrar/Registrar, cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 W.P.(C) No.12227 of 2025 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same, and thereafter, either register such sale deed or any other document or pass a refusal order.

So, by applying the principles of law enunciated in the ratio of the above decisions and also taking the Rule 147 of The Orissa Registration Rules, 1988 into account, the Sub-Registrar, Khandagiri (O.P. No.5) is directed to receive the document (which was presented by the petitioner on dated 19.04.2025), if the same is presented by the petitioner with the certified copy of this Judgment for registration and to act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

Accordingly, the writ petition filed by the petitioner is disposed of finally. Orissa High Court, Cuttack. 30.07.2025//Utkalika Nayak// Junior Stenographer (A.C. Behera), Judge. Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Jul-2025 11:40:07 W.P.(C) No.12227 of 2025