Shantilata Sahoo v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
petition stands disposed of
Provisions considered
Key paragraphs
- Para 55. In view of the clear provision, the Petitioner is required to file an application under Section 71 of the Act in order to take further action in the matter. Accordingly, it is directed that in the event the Petitioner files an application under Section…
- Para 66. With the aforesaid observation and direction, this writ petition stands disposed of.
Judgment
Mr. Suvashish Pattnaik, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 19.09.2022
This matter is taken up through hybrid mode.
The Petitioner in this writ petition seeks for a direction to the Sub-Registrar, Jagatsinghpur-Opposite Party No.2 to register the sale deed presented before him in respect of Plot No.620 under Khata No. 656/114 situated in mouza Kula Kaijanga under Biridi Tahasil in the district of Jagatsinghpur.
Mr. Swain, learned counsel for the Petitioner submits that although the Petitioner has produced the document for registration before the Sub-Registrar, Jagatsinghpur, he has refused to register the same.
Section-71 (1) of the Registration Act, 1908 (for short ‘the Act’) 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 // 2 // claiming under the 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 under Section 71 of the Act in order to take further action in the matter. Accordingly, it is directed that in the event the Petitioner files an application under Section 71 of the Act along with the document intended to be registered within a period of two weeks hence along with certified copy of this order, the Sub-Registrar, Jagatsinghpur-Opposite Party No.2 shall do well to consider the same and pass a reasoned order thereon keeping the ratio decided in the case of Dhabal Prasad Pradhan –v- State of Odisha and others, reported in 2014 (II) OLR 902, in mind. If the Sub-Registrar, Jagatsinghpur is of the opinion that the deed/document in question cannot be registered, he shall supply the reasons of refusal of registration of such document within a period of three weeks therefrom.
Operative part
With the aforesaid observation and direction, this writ petition stands disposed of.
Learned counsel for the Petitioner undertakes to serve a copy of the writ petition along with copy of this order on learned State Counsel for reference and communication. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of
Which statutory provisions did this judgment involve?
Registration Act, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.