The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17617 of 2025 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Smt. Rajashree Gajendra …. Petitioner -versus- District Sub-Registrar, Khordha, Bhubaneswar and others …. Opposite Parties Appeared in this case:- For Petitioner : For Opposite Parties : CORAM: JUSTICE A.C. BEHERA
Legal Reasoning
earlier judgment dated 31.01.2024 passed by this Court in W.P.(C) No.32589 of 2023, the District Sub-Registrar, Khordha(Opposite Party No.1) considered the matter again regarding the registration of the deed of cancellation of the JVA and passed the impugned order on dated Page 5 of 7 07.03.2024(Annexure-10) as per Section 71 of Indian Registration Act, 1908. 9. The observations made by this Court in Para No.19 of the earlier judgment passed in writ petition vide W.P.(C) No.32589 of 2023 between the same parties for the self- same matter on the basis of the propositions of law enunciated in the ratio of the decisions referred in that judgment, i.e., “the Sub-registrar, Khordha(Opposite Party No.1) has rightly held that, consideration of registration of the deed of cancellation of a registered deed of JVA requires presence of both the parties to the said agreement” have not been varied, altered or set aside either through a review, writ appeal or through any appeal before the Apex Court, as yet, which is still subsisting and binding upon the parties including the petitioner. For which, the question of taking any view contrary to the above views expressed earlier by this Court in Para No.19 in the judgment dated 31.01.2024 passed in W.P.(C) No.32589 of 2023 does not arise. Page 6 of 7 So, the impugned order dated 07.03.2024(Annexure- 10) passed by the District Sub-Registrar, Khordha (Opposite Party No.1) for refusal to register the deed of cancellation of the registered deed of JVA unilaterally only at the instance of the petitioner due to the lack of consent of the other party to the said JVA cannot be held as erroneous. For which, the question of interfering with the impugned order passed by the Opposite Party No.1 under Annexure-10, through this writ petition filed by the petitioner does not arise.
Arguments
Mr. B. Baug, Sr. Advocate assisted by Mr. M.R. Baug, Advocate Mr. Gyanalok Mohanty, Learned Standing Counsel JUDGMENT Date of hearing : 30.07.2025 / date of judgment : 22.08.2025 A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the “Reason of Refusal” to register the deed of cancellation of the registered deed of Joint Venture Agreement (in short hereinafter referred to as „the JVA‟ vide Annexure-1) dated 11.01.2013 passed on dated 07.03.2024(Annexure-10) by the Opposite Party No.1(District Sub-registrar, Khordha, Bhubaneswar). 2. I have already heard from the learned senior counsel for the petitioner and learned Standing Counsel for the Opposite Parties. 3. It is the contention of the learned senior counsel for the petitioner for quashing the reason of refusal vide Annexure-10 passed by the Opposite Party No.1, i.e., there is requirement of both the parties of the JVA vide Annexure- 1 for its cancellation through the registered deed of cancellation and the unilateral cancellation of the same by one party thereof, i.e., only by the petitioner is not permissible cannot be sustainable under law. Because, according to him (learned senior counsel for the petitioner), when, in spite of notice given by the petitioner (one party of JVA) to the other party of the said JVA to give its consent for cancellation of the JVA, the other party of the JVA(Annexure-1) did not co-operate, then, in such a situation, the cancellation of the said JVA unilaterally by the petitioner is not impermissible under law. That apart, Section 22A of the Registration Act, 1908 is not applicable for registration of the deed of cancellation of JVA(Annexure-1) by one party of the JVA like the petitioner. Because, as per Section 22A of the Registration Act, 1908, consent of both the parties to a sale deed is required for its Page 2 of 7 cancellation, but, not for the cancellation of the registered deed of JVA like Annexure-1. 4. It appears from the impugned order dated 07.03.2024(Annexure-10) passed by the Opposite Party No.1 that, the reason of refusal of the deed of cancellation of JVA has been passed as per Section 71 of the Indian Registration Act, 1908 by the Opposite Party No.1 on the basis of the directions given by this Court in W.P.(C) No.32589 of 2023 filed earlier by the petitioner. 5. Though the petitioner in this writ petition has stated in Para No.2 of her writ petition about the earlier judgment passed by this Court on dated 31.01.2024 in W.P.(C) No.32589 of 2023 for the self-same matter between the parties of the writ petition, but, the petitioner has not annexed the copy of the said judgment dated 31.01.2024 passed in W.P.(C) No.32589 of 2023 with this 2nd writ petition filed by her(petitioner). 6. It was observed by this Court in Para No.19 of the judgment of the earlier writ petition vide W.P.(C) No.32589 of 2023 between the parties passed on dated 31.01.2024 for the self-same matter that, Page 3 of 7 “the District Sub-registrar, Khordha(Opposite Party No.1) has rightly held that, consideration of registration of the deed of cancellation of a registered deed of JVA (Joint Venture Agreement) in the instant case requires presence of both the parties to the said agreement, but, later, which formed the basis of such opinion has no application to this case.” 7. It appears from the said judgment dated 31.01.2024 passed in W.P.(C) No.32589 of 2023 earlier by this Court that, the basis of refusal of registration of the deed of cancellation of JVA dated 11.01.2013 by the Opposite Party Nos.1 and 3(as per Annexures-7 and 8) was on the ground that, the deed of cancellation of JVA cannot be registered unless both the parties of the JVA sign in the deed of cancellation of that JVA and both the parties of the JVA have to sign and appear for registration of the deed of cancellation of JVA and also on the basis of the Letter No.3700/IGR dated 23.05.2011 of the IGR. 8. The earlier judgment in W.P.(C) No.32589 of 2023 was passed by this Court on dated 31.01.2024 between the same parties by applying the ratios of the decisions referred in that judgment, wherein, it was observed in the said judgment that, Page 4 of 7 “although the Sub-registrar-Opposite Party No.1 has rightly held that, consideration of registration of the deed of cancellation of a registered deed of JVA in the instant case requires presence of both the parties to the said agreement, but, letter of the IGR, which formed the basis of such opinion has no application to this case, because, the Registering Officer being a statutory authority has to act in accordance with the power conferred under the statute and not otherwise. For which, the instructions issued by the IGR in the letter dated 23.05.2011 cannot arrest/seize the statutory powers of the District Sub-Registrar, Khordha(Opposite Party No.1) to take the decision according to the statute independently and the said letter dated 23.05.2011 issued by the Inspector General of Registration cannot over-ride the statutory powers conferred upon the registering authority as per Indian Registration Act, 1908. So, as per the judgment dated 31.01.2024 passed in W.P.(C) No.32589 of 2023, this Court directed the District- Sub-registrar, Khordha(Opposite Party No.1) to reconsider the matter regarding the registration of the deed of cancellation of JVA again.” On the basis of the observations made above in the
Decision
10. Therefore, there is no merit in the writ petition filed by the petitioner. The same must fail. 11. In result, the writ petition filed by the petitioner is dismissed on contest. 12. As such, the writ petition filed by the petitioner is disposed of finally. Judge Orissa High Court, Cuttack The 22nd of August, 2025/ Jagabandhu, P.A. ( A.C. Behera ) Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 26-Aug-2025 18:29:54 Page 7 of 7