1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 31191 of 2025 Rajendra Kumar Patro `…. Petitioner Represented by Mr. S.K.Jethy, Advocate -Versus - State of Odisha & Ors …. Opposite Parties Represented by Mr. S.N.Pattnaik, AGA CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 02.02.2026 1. This matter is taken up through hybrid mode. 2. The petitioner’s limited grievance is, the sale deed submitted for registration before the Sub-Registrar, Kukudakhandi on 23.10.2025 for registration has not been acted upon inasmuch as neither it is registered nor returned in case same is unable to be registered for any reason. A coordinate Bench of this Court, hearing a similar matter in W.P.(C). No. 11858 of 2025 has passed the following order: “ 2. Heard from the learned counsel for the Petitioner and learned Additional Standing Counsel for the State. 3. The Petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the SubRegistrar, Kukudakhandi (O.P. No.3) to register the sale deed, which was presented by him (Petitioner) on dated 07.04.2025 for registration by writing on the stamp papers and in respect of which, the SubRegistrar, Kukudakhandi (O.P. No.3) has already collected the registration charges, but, till yet, the Sub- Registrar, Kukudakhandi (O.P. No.3) has neither registered nor returned the said sale deed, but, he has Order No. 03. 2 | P a g e retained the same with him since 07.04.2025. For which, without getting any way, the Petitioner approached this Hon’ble Court by filing this writ petition praying for directing the Sub-Registrar, Kukudakhandi (O.P. No.3) to register his sale deed, which was presented before him on dated 07.04.2025 and which is Rajendra Kumar Patro ..... Petitioner(s) Represented By Mr. S.K.Jethy, Advocate with him since 07.04.2025. 5. It is the settled propositions of law as per Sections 68 and 71 of the Registration Act, 1908 that, When any sale deed is presented by the vendor before any Sub-Registrar on payment of proper stamp duties and registration fees, then, the Sub-Registrar is bound to register the said sale deed, unless there is refusal to register the said sale deed as per Section 22A and 22B of the Registration Act, 1908. It has been clarified in Section 71 of the Indian Registration Act, 1908 that, if the Sub-Registrar refuses to register the sale deed under any of the reasoned grounds of the Registration Act, he is bound to return the said sale deed to the vendor making specific endorsement in the said sale deed stating about the reasons for refusal of the Registration, but, he cannot retain or withheld that sale deed with him. 7. When, the writ petition of the Petitioner supported with an affidavit is going to show that, the Sub-Registrar, Kukudakhandi (O.P. No.3) has retained his sale deed with him since 07.04.2025 without registering the same and without returning the same, then at this juncture, it can easily be held that, the Sub-Registrar, Kukudakhandi (O.P. No.3) has acted in contravention with the provisions of Sections 71 of the Indian Registration Act, 1908. 8. So, there is justification under law to direct the Sub- Registrar, Kukudakhandi (O.P. No.3) to register the sale deed of the Petitioner, which was presented before him on 07.04.2025 and which has been retained with him. 9. Hence, the writ petition filed by the Petitioner is allowed. 10. The Sub-Registrar, Kukudakhandi (O.P. No.3) is directed to register the sale deed dated 07.04.2025 of the Petitioner with its effect from 07.04.2025 on the very same day of production of the certified copy of this order by the Petitioner before him after complying all the formalities of the Registration Act and Rules and return the sale deed to the Petitioner within three days after its registration. 11. Accordingly, the writ petition is disposed of finally. 12. Urgent certified copy of this Order be granted to the Petitioner on proper application.” 3 | P a g e 3. The facts of the present case and that of the case cited are identical. 4. In such view of the matter, the writ application is disposed of directing the Sub-Registrar, Kukudakhandi to act upon the sale deed already presented for registration by passing appropriate orders in accordance with law. The Sub-Registrar shall pass orders in terms of Sections 71 or 72 of Indian Registration Act, 1908, as the case may be, within fifteen days from the date of production of certified copy of this order by the petitioner. (Sashikanta Mishra) Judge Deepak