Manoj Kumar Sahoo v. ORDER

Mr. Suvashish Pattanaik, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA Order No.

ORDER 27.06.2022 This matter is taken up through Hybrid mode. Petitioner in this writ petition seeks for a direction to Sub-Registrar, Jajpur (OP No.1) to accept the sale deed pertaining to Sabik Plot No.617(P) under Stitiban Khata No.523 to an extent of area Ac.0.08 decimal corresponding to Hal Plot No.684, area Ac.0.9 decimal under mouza Upper Baruan in Jajpur Tahasil in the district of Jajpur presented by the petitioner forthwith and register the same.

Learned counsel for the Petitioner contends although he has presented documents for registration before the Sub-Registrar, Jajpur, he refused to register the same.

Section-71 (1) of the Registration Act, 1908 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 document; and, on application made by any person executing or claiming under the // 2 // document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

In view of the clear provision, the petitioner is required to file an application before the Sub-Registrar, Jajpur along with the document intended to be registered in original, in order to take further action in the matter. Accordingly, it is directed that in the event the Petitioner files an application within a period of two weeks hence along with the document in original, the opposite party No.2-Sub-Registrar, Jajpur shall do well to take into consideration the case of Sanjay Verma v. Manik Roy and Ors; reported in AIR 2007 SC 1332 and entertain the same. If he is of the opinion that the document /instrument cannot be registered shall supply the reasons of refusal of registration of the document within a period of two weeks therefrom.