Andhra Pradesh) and in a case between Antaryami Nayak v. State of Odisha & Others in WP
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.26453 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Pratap Kumar Sahu … Petitioner. -VERSUS- State of Odisha & Others … Opposite Parties.
Legal Reasoning
Counsel appeared for the parties: For the Petitioner
Legal Reasoning
: Mr. S.K. Das, Advocate For the Opposite Parties : Ms. T. Kumar, Addl. Standing Counsel. P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 24.09.2025 :: Date of Judgment : 24.09.2025 WP(C) No.26453 of 2025 Page 1 of 6 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the District Sub-Registrar, Sambalpur (O.P. No.4) to accept the deed of sale of the petitioner for registration, because, the District Sub-Registrar, Sambalpur (O.P. No.4) orally refused to receive his deed for sale for registration expressing that, the co-sharers of the petitioner in the properties to be sold through the deed for sale have not signed and they have not given their consent for sale. 2. Heard from the learned counsels of both the sides. 3. The law is very much clear that, the District Sub- Registrar cannot orally refuse to receive any document, when the same is presented for registration. He/she is either to register the document or to refuse to register the same indicating the reasons for non-registration, if that document is not legally fit for registration. According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for WP(C) No.26453 of 2025 Page 2 of 6 registration, it is the duty of the District Sub-Registrar to receive the same, but if the said document is not in compliance with the provisions of law, the District Sub- Registrar may refuse to accept that document for registration assigning the reasons in writing about the same. 4. On this aspect, the propositions of law has already been clarified in a decision 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) and in a case between Antaryami Nayak Vs. State of Odisha & Others in WP(C) No.18548 of 2025 decided on 11.07.2025 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. 5. Section 44 of the T.P. Act, 1882 provides inherent right/power to co-sharer of a joint property like the petitioner to transfer/alienate his/her undivided share in their joint property without the consent of his/her other co- sharer or co-sharers and the Sub-Registrar has no power to WP(C) No.26453 of 2025 Page 3 of 6 refuse to receive the sale deed, if presented for registration by a co-sharer like the petitioner in this matter at hand even if the said deed for sale is executed without the consent and signatures of his other co-sharers as vendors with the petitioner. The land owners has his/her inherent right as per Section 44 of the T.P. Act, 1882 to alienate his/her interest in the joint and undivided properties. Any instruction or circular issued by the Government cannot prohibit the land owner (who is the master of his land) from alienating his/her share and interest therein even without the consent and signatures of his/her co-owners (co-sharers). Because, any circular or notification of the Government contrary to the statutory provisions cannot nullify the statutory rights of the land owner to alienate/transfer his/her undivided interest in the joint and undivided properties. On this aspect the propositions of law has already been clarified in the decision between Damodar Mishra Vs. State WP(C) No.26453 of 2025 Page 4 of 6 of Odisha & Others decided on 03.04.2025 in WP(C) No.4340 of 2025 wherein it has been held that, As per Section 44 of the T.P. Act, 1882, co-sharer/co- owner his his/her inherent right to alienate his/her shares/interests in the Joint and Undivided properties to the extent of his/her share. Therefore, even there will be any sale of specific portion of land in the joint and undivided properties by co-owner of the same indicating boundaries thereof, still then, the said transfer/sale would be deemed as a transfer of share of the vendor in the said joint and undivided property. Any executive instruction or circular issued by any authority including Government contrary to the statutory law envisaged under Section 44 of the T.P. Act, 1882 restricting co-owner/co-sharer to alienate his/her undivided share/interest in their joint and undivided property shall be deemed as non-est. Because, executive instructions and circulars have no applicability where statutory law governs the field. 6. So, by applying the propositions of law clarified in the ratio of the above decisions and also taking the Rule 147 of The Orissa Registration Rules, 1988 into account, it is felt proper to dispose of this writ petition finally directing District Sub-Registrar, Sambalpur (O.P. No.4) to receive the deed for sale of the petitioner for alienation of his share in the plots covered in his deed for sale without indicating the sale of any specific portions of the said plots and without indicating the boundaries thereof, but only indicating the alienation of his share/interest therein. WP(C) No.26453 of 2025 Page 5 of 6 7. On presentation of the said deed for sale of the petitioner annexing the certified copy of this Judgment, the District Sub- Registrar, Sambalpur (O.P. No.4) shall act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988 in accordance with the principles of law enunciated in the ratio of the above decision between Damodar Mishra Vs. State of Odisha & Others decided on 03.04.2025 in WP(C) No.4340 of 2025. If the said deed is registered, then, after registration of the same, the District Sub-Registrar, Sambalpur (O.P. No.4) 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. 8. As such, the writ petition filed by the petitioner is
Decision
disposed of finally. (ANANDA CHANDRA BEHERA) JUDGE Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 25-Sep-2025 14:54:19 High Court of Orissa, Cuttack The 24 .09. 2025// Rati Ranjan Nayak Sr. Stenographer WP(C) No.26453 of 2025 Page 6 of 6