Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No. 23804 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Ritesh Patel .......…… Petitioner -VERSUS- State of Odisha & Others ……….. Opposite Parties Counsel appeared for the parties: For the Petitioner : Mr. J.K. Majhi,Advocate. For the Opposite Parties : Mr. G. Mohanty, SC. P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing: 26.08.2025 :: Date of Judgment : 26.08.2025 WP(C) No.23804 of 2025 Page 1 of 10 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner against the Opposite Parties praying for directing the Sub- Registrar, Banki (O.P. No.3) to register the deed for sale dated 18.08.2025 (original of Annexure-1). 2. The case of the petitioner in this writ petition is that, when he (petitioner) presented the deed for sale dated 18.08.2025 (original of Annexure-1) before the Sub-Registrar, Banki (Opp. Party No.3) as the registered power of attorney holder of the executant Manjuli Nayak being present with the vendee/purchaser of the said deed and witnesses thereof along with the original registered power of attorney executed in favour of the petitioner by the executant for registration of the deed for sale, the Opp. Party No.3 orally refused to receive the said deed for sale (original of Annexure-1) and expressed orally that, unless the principal of the petitioner i.e. Manjuli Nayak appears before him (Opp. Party No.3) and present the deed for sale personally, WP(C) No.23804 of 2025 Page 2 of 10 he (Opp. Party No.3) shall not receive the same for registration and he (Opp. Party No.3) shall not register the same and also further expressed that, the deed for sale cannot be registered on presentation made by the power of attorney holder i.e. by the petitioner, because, the physical presence of the principal of the petitioner i.e. Manuli Nayak before him (Opp. Party No.3) is compulsory for registration of the deed. 3. On being dissatisfied with the aforesaid refusal to receive deed for registration by the O.P. No.3, the Petitioner filed this writ petition under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the O.P. No.3 to accept the deed for sale dated 18.08.2025 executed by Manjuli Nayak through her registered power of attorney holder i.e. petitioner in favour of the vendee/purchaser thereof for registration and to register the same on presentation by the petitioner, as the registered power of attorney holder of the executant Manjuli Nayak. 4. I have already heard from the learned counsel for the Petitioner and the learned Standing Counsel for the State-Opp. Parties. WP(C) No.23804 of 2025 Page 3 of 10 5. Sub-Clause 1(a) of Section 33 of The Registration Act provides that, when, a deed for sale is presented for registration on being executed by its executant through its registered Power of Attorney holder, in that case, the registrar or sub-registrar can act upon the same for registration. 6. On this Aspect the propositions of law has already been clarified in the ratio of the following decisions:- (i) In a case between R.Pannerselvam Vrs. A.Subramanian and another reported in 2009 (3) Civ.L.T. 441 (Madras) that, executing the registered sale deed by a power of there should in favour of a purchaser, attorney necessarily be a registered power deed. (ii) In a case between Cherryl Ann Joy Vrs. Sub- Registrar, Sub Registrar Office, Udumbanchola reported in 2019 (I) CCC 171 (Kerala) that, SRO can act upon power of attorney, only, if it is registered in terms of provisions mentioned/contained in Registration Act. . (iii) In a case between Ravindra Kumar Vrs. State of U.P. and others reported in 2021 (1) Civ.C.C. (Allahabad) 103 (DB) in Para No.25 that, WP(C) No.23804 of 2025 Page 4 of 10 presentation of document for registration. Power of attorney holder can execute a document as agent for someone else and present the document for registration and get it registered. As per the provisions of law envisaged in the Powers of Attorney Act, 1882, the Indian Contract Act, 1872 and Section 33(1)(a) of the Registration Act, 1908, the main purpose/object of the execution of power of attorney is to authorize an agent by the executant/principal through the power of attorney to perform/execute the works of the principal in his/her absence as per the authorizations made by him/her in the power of attorney. Because, as per law, all the works/executions made by an agent (power of attorney holder) on behalf of the principal on the basis of the authorizations made through the deed of power of attorney shall be deemed that, as if, the said works/executions have been done/made by the principal himself/herself. Therefore, only for the avoidance of the physical presence of the principal, at the time of execution/performance of the works, authorizations are made as per law by the principal through the power of attorney to an agent to perform his/her works indicated in the deed of power of attorney in his/her absence. WP(C) No.23804 of 2025 Page 5 of 10 Here in this matter at hand, when the petitioner being the registered power of attorney holder (registered authorized agent) of the executant of the deed for sale dated 18.08.2025 executed the said deed on behalf of the principal and presented the same before the Sub-Registrar, Banki (Opp. Party No.3) for registration and when sub-Clause 1(a) of Section 3 of Registration Act, 1908 authorizes the Sub-Registrar to register the deed for sale presented by him (petitioner) without requiring the physical presence of the principal, as the intention of the legislature for execution of the deed of power of attorney is for avoidance of the physical presence of the principal at the time of execution and registration of the deed for sale, if there is registered deed of power of attorney in favour of the agent for such execution and registration of the deed for sale, then, at this juncture, by applying the principles of law enunciated in the ratio of the aforesaid decisions, it is held that, the Sub-Registrar, Banki (Opp. Party No.3) should not have required the physical presence of the principal for acceptance of the deed for sale presented by the petitioner as a registered power of attorney holder of the executant of the said deed for its registration. WP(C) No.23804 of 2025 Page 6 of 10 7. It is the settled propositions of law that, Sub-Registrar like O.P. No.3 cannot orally refuse to register any deed for sale presented for registration. 8. Because, as per law, when any deed for sale is presented before any Sub-Registrar for registration, he/she (Sub- Registrar) either to register the said deed or to refuse to register the same indicating the reasons for non-registration of the same, if that document is not legally fit for registration. 9. The Sub-Registrar has no authority or jurisdiction under law to embark into the nature of right, title and character in respect of the subject matter of the deed for sale presented for registration. If the deed in question is duly executed and sufficiently stamped and if there is no legal or formal defect therein, the Registering Authority cannot refuse to register that deed. The Registering Authority cannot delve into the roving enquiry about the nature of right, title of the vendor in respect of the subject matter of the deed for sale presented for registration. WP(C) No.23804 of 2025 Page 7 of 10 Even a person sells a property, that does not belong to him, in that situation also, there is no provision in the Registration Act to enable the Sub-Registrar to refuse the registration of the deed, unless that deed covers the provisions enumerated in Section 22-A of the Registration Act, 1908 for non- registration of the same. 10. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:- (i) In a case 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) 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 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. (ii) In a case between P. Pappu Vrs. Sub-Registrar, Rasipuram SRO, Rasipuram, Namakkal District reported in 2025 (2) Civil LJ 205 (Madras) that, even if a person sells a property that does not belong to him, there is no provision in the Registration Act, to enable the Registrar to refuse registration except Sections 22-A of the Registration Act. (iii) In a case between Tejpal and another Vrs. State of Haryana and others reported in 2015 (Supp.) Civil Court Cases 471 (Punjab & Haryana) (at Para 1) that, Registrar cannot join issues on title for refusing to register the instrument. That shall be the exclusive domain of a civil court in a proper litigation that is brought between WP(C) No.23804 of 2025 Page 8 of 10
Legal Reasoning
the parties who are at lis raising the dispute regarding title. A dispute on title can never be used before a Registrar by any party. (iv) In a case between Dinesh Singh Vrs. The State of Jharkhand and others reported in 2012 SCC Online Jharkhand 951 (at Para 13) that, if the deed is duly executed and sufficiently stamped and when there is no legal or formal defect, then the registering authority cannot refuse to register the deed, if the same is presented for registration. Because, the registering authority cannot delve into the roving enquiry of the nature of the right, title of the vendor in respect of the subject matter of the deed presented for registration. (v) In a case between Bihar Deed Writers Association and others Vrs. State of Bihar and others reported in 1989 (2) Civil Court Cases 172 (Patna) & 1988 SCC Online Patna 142 that, if the transferor does not have any title or has an imperfect title to the property, the transferee on transfer will either get no title or he will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority. The registering authority is bound to register it. (Para 3) 11. So, by applying the principles of law enunciated in the ratio of the above decisions, it is felt proper to dispose of this writ petition finally directing Sub-Registrar, Banki in the district of Cuttack (O.P. No.3) to receive the deed for sale without requiring the physical presence of the executant (principal of the petitioner), if presented by the petitioner for registration with the certified copy of this Judgment and the original registered power of attorney (original of Annexure-2) for registration of the deed for sale dated 18.08.2025 (original of Annexure-1) and to act upon WP(C) No.23804 of 2025 Page 9 of 10 the same for the registration as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988 without requiring the physical presence of the principal of the petitioner. After registration of that sale deed, the Sub-Registrar, Banki (Opp. Party No.3) shall return that sale deed to the petitioner within 3 days of its registration after 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. 12. As such, this writ petition filed by the petitioner is
Decision
disposed of finally. (ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack 26.08.2025// Rati Ranjan Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 29-Aug-2025 11:58:42 WP(C) No.23804 of 2025 Page 10 of 10