Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.21156 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Narendra Behera & Others … Petitioners. -VERSUS- State of Odisha & Others … Opposite Parties. Counsel appeared for the parties: For the Petitioners : Mr. S.K. Mishra, Senior Advocate Along with Mr. J. Pradhan, Advocate For the Opposite Parties : Mr. Tej Kumar, Addl. Standing Counsel. P R E S E N T:
Legal Reasoning
HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA WP(C) No.21156 of 2025 Page 1 of 11 Date of Hearing : 09.10.2025 :: Date of Judgment :17.10.2025 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing the impugned order of refusal of registration of the deed for sale passed on dated 27.03.2025 (Annexure-5) by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) and to direct the District Sub- Registrar, Mayurbhanj, Baripada (Opp. Party No.2) to register the deed for sale (original of Annexure-3) of the petitioners. 2. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, they (petitioners) are the owners of the properties covered under Khata No.119/688, Plot No.153 Ac.0.30 dec. in Mouza-Indpai under Baripada Tahasil in the district of Mayurbhanj and their caste is Kurunga Badhei. They (petitioners) being Kurunga Badhei by caste, they do not belong to scheduled caste or scheduled tribe community. WP(C) No.21156 of 2025 Page 2 of 11 In order to meet the legal necessities of the petitioners, they (petitioners) executed a deed for sale vide Annexure-3 in respect of their plot No.153 under Khata No.119/688 of Mouza-Indpai in favour of one Susanta Kumar Das of Village- Balarampur under Ward No.19 of Baripada Town and presented the said deed for sale i.e. original of Annexure-3 before the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) on dated 27.11.2024 for registration indicating their caste in that deed for sale as Kurunga Badhei and also indicating therein that, they (petitioners) do not belong to scheduled caste or scheduled tribe community. But, the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) refused to register the said deed for sale vide Annexure-3 of the petitioners as per order dated 27.03.2025 assigning the reasons that, “As per the report of the Tahasildar, they (petitioners) belong to Kurunga Caste, which is recognized as Scheduled Caste category and as the petitioners have executed the deed for sale in favour of Susanta Kumar Das, who belong to Karan by caste, which is coming under the General Caste category, for which, without prior permission under Section 22 of the OLR Act, the deed for sale cannot be registered by the petitioners in favour of WP(C) No.21156 of 2025 Page 3 of 11 Sushanta Kumar Das in view of the prohibitions made in Sub-Clause (4) & (5) of Section 22 of the OLR Act, 1960 and 22(a)(1)(c) of the Registration Act (Odisha Amendment Act, 2013).” 3. On being dissatisfied with the above impugned order of refusal of registration of the deed for sale of the petitioners passed on dated 27.03.2025 (annexure-5) by the District Sub- Registrar, Mayurbhanj, Baripada (Opp. Party No.2), they (petitioners) challenged the same by filing this writ petition praying for quashing the said order dated 27.03.2025 (Annexure-5) passed by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) taking the ground that, they (petitioners) do not belong to Scheduled Caste or Scheduled Tribe Community as per the notification of the Government. 4. I have already heard from the learned Senior Counsel for the petitioners and the learned Standing Counsel for the Opp. Parties. 5. It is the settled propositions of law that, Scheduled Caste or Scheduled Tribe lists declared by President is final for all purposes. Neither the Court nor any authority has any jurisdiction to make any declaration in respect of the category WP(C) No.21156 of 2025 Page 4 of 11 of any caste relating to Scheduled Caste or Scheduled Tribe beyond the declarations made by the President through Notification. When, any particular Sub-caste of a Caste will not have been specifically mentioned in the presidential order/notification in that case, neither the State Government nor the Courts, Tribunals or any authority has power to give any observation for inclusion of any Sub-caste into the list of the Presidential Notification. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions: I. II. In a case between Duryodhan Rana (dead) and after him his LRs. Smt. Nrupa Rana & Others & Others Vs. Jhima Mahura & Others reported in 2009 (I) CLR 7 that, for establishing that a particular caste or tribe is a Scheduled Caste or Scheduled Tribe for the purpose of Constitution, even though it is not specifically mentioned as such in the presidential Order, the power is not vested with any authority. It is not possible to say that, the State or any other authorities or Courts or Tribunals are vested with any power to modify or vary the said orders. In a case between Bebirani Baral Vs. Sankhalata Sahoo & Others reported in 107 (2009) CLT 669 that, Court has no power to determine a caste. Court has also no power to make enquiry in the matter to determine a caste, where there is a WP(C) No.21156 of 2025 Page 5 of 11 mention of sub-caste in the presidential order. Neither the state legislature nor the State Executive or the Court or Tribunal has such power. Hence, the opinion of Tahasildar that, the sub-caste “Sagarpesa” and sub-caste “Sagarpasa” are one and same will neither help the petitioner in any way nor the Court for pronouncing the Judgment. (Para Nos.5 & 9) In a case between State of Tamilnadu and others Vs. A. Gurusamy reported in AIR 1997 Supreme Court 1199 that, SCs and STs lists declared by the President. The Civil Court’s jurisdiction to make declaration concerning the caste stands impliedly prohibited. In a case between Bikal Rout Vs. Dhobani Bewa W/o.Daitari Behera & Others reported in 119 (2015) CLT 213, whether a caste is a Scheduled Caste or a Tribe is a Scheduled Tribe can be ascertained only if, they are included in the Presidents Order issued under the Articles. In a case between Bijay Kumar Jally Vs Member, Board of Revenue & Others reported in 2010 (II) OLR 1010 that, no authority other than the Parliament by law can amend the Presidential Order. Neither the State Government nor the Courts or Tribunals or any other authority can assume jurisdiction to hold enquiry or take evidence to declare that, a caste or a tribe or a part of or a group within a caste or tribe is included in the Presidential Order in one entry or the other although they are not expressly and specifically included in the said order. (Para No.5) In a case between Smt. Sucheta Samanta Vs Bidyutlata Nayak reported in 2010 (Supp-II) OLR 1052 that, it is not permissible to include a caste or a sub-caste or part of or group of any caste which is synonymous to a caste in the Scheduled Tribe Order. (Para No.7) III. IV. V. VI. WP(C) No.21156 of 2025 Page 6 of 11 6. Here in this matter at hand, when it has been reflected in the R.o.R of the properties for sale covered under the deed (Original of Annexure-3) that, the caste of the petitioners are Kurunga Badhei and when as per the last Presidential Notification dated 01.05.2017 relating to the Scheduled Caste and Scheduled Tribes, there is no indication/reflection of the caste i.e.Kurunga Badhei as Scheduled Caste, though, there is indication/reflection in the Serial No.50 of the said notification that, Kurunga Caste is Scheduled Caste, then, at this juncture, the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) should not have given observations in the impugned order dated 27.03.2025 vide Annexure-5 on the basis of the report of the Tahasildar without any notification of the President that, the petitioners belong to Scheduled Caste and their caste is Kurunga. When the reflected and unchallenged caste of the petitioners in the R.o.R vide Khata No.119/688 (Anmexure-2) containing the properties of the deed for sale is Kurunga Badhei Caste and when Kurunga Badhei has not been included in the presidential notification dated 01.05.2017 as a WP(C) No.21156 of 2025 Page 7 of 11 Scheduled Caste though, there is reflection in that Presidential Notification that, Kurunga belong to Scheduled Caste Community and when as per law, no authority including Court other than the Parliament can amend the Presidential Notifications relating to caste declaration and when, neither the State Government nor the Courts, Tribunals or any authority can assume jurisdiction to express an opinion for declaring the category of a caste beyond the Presidential Notification, then, at this juncture, by applying the principles of law enunciated in the ratio of the aforesaid decisions of the Hon’ble Courts and Apex Court, it is held that, the observations made by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) in the impugned order dated 27.03.2025 vide Annexure-5 that, the petitioners belong to Scheduled Caste Community and they (petitioners) cannot transfer their properties through the deed for sale vide Annexure-3 in favour of Sushanta Kumar Das without prior permission under Section 22 of the OLR Act, 1960 cannot be sustainable under law. WP(C) No.21156 of 2025 Page 8 of 11 The conclusion drawn above also finds support from the ratio of the following decision: I. In a case between Banamali Sa and Others Vs. State of Orissa & Others reported in 2014 (II) CLR 558 that, Sale deed executed by the petitioners in favour of for Scheduled Caste persons was presented registration before the Sub-Registrar. Sub-Registrar refused registration on the ground that, the petitioners category. are Admittedly, the caste of the petitioners is “Khandayat Bhuyan”. The Presidential Scheduled Tribes order for the State of Orissa does not include “Khandayat Bhuyan” as a Scheduled Tribe. Sub-Registrar directed to register the sale deed. coming under Scheduled Tribe 7. Here in this matter at hand, when in the Presidential Notification, Kurunga Badhei Caste has not been included within the category of Scheduled Caste or Scheduled Tribe and when neither the State Government, nor the Courts, Tribunals or any other authority except the Parliament has power to give any finding for the inclusion of any caste beyond the Presidential Notification into Scheduled Caste or Scheduled Tribe Community, then, at this juncture, the impugned order dated 27.03.2025 (Annexure-5) passed by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) on the basis of the report of the Tahsildar holding that, WP(C) No.21156 of 2025 Page 9 of 11 they (petitioners) belong to Scheduled Caste Community cannot be sustainable under law. 8. For which, there is justification under law for making interference with the impugned order dated 27.03.2025 (Annexure-5) passed by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) through this writ petition filed by the petitioners. 9. As such, there is merit in the writ petition filed by the petitioners. The same is to be allowed. 10. In result, the writ petition filed by the petitioners is allowed on contest. 11. The impugned order dated 27.03.2025 (Annexure-5) passed by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) is quashed/set aside. 12. The District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) is directed to act upon the deed for sale (original of Annexure-3) of the petitioners, on the very same day of production of the certified copy of this Judgment by the petitioners remaining present with their vendee, identifier and WP(C) No.21156 of 2025 Page 10 of 11 the witnesses of the deed as per the Registration Act, 1908 and the Orissa Registration Rules, 1988. 13. After registration of the deed for sale, the District Sub- Registrar, Mayurbhanj, Baripada (Opp. Party No.2) shall return that sale deed to the petitioners within 3 days of its registration complying all the formalities thereof as per the Rule 100 of The Orissa Registration Rules, 1988 and Notification No.2915 dated 02.08.2017 of I.G.R of Odisha. 14. As such, this writ petition filed by the petitioners is
Decision
disposed of finally. High Court of Orissa, Cuttack The 17.10. 2025// Rati Ranjan Nayak Sr. Stenographer (ANANDA CHANDRA BEHERA) JUDGE Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 22-Oct-2025 18:25:00 WP(C) No.21156 of 2025 Page 11 of 11