Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P(C) No. 29438 of 2025
Sadasiba Baral …. Petitioner
Mr. G. Mishra, Advocate
-versus-
State of Odisha & Others …. Opp. Parties
Mr. S.K. Jee, AGA
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 31.03.2026
01.
1. By means of this application, the Petitioner seeks the following relief:-
“In the aforesaid facts & circumstances the petitioner therefore prays that this Hon'ble Court may graciously be pleased to issue notice to the opposite parties & after hearing both the parties this Hon'ble Court may further be pleased to issue:
(i) Appropriate direction /order to make a rectification deed after setting aside the letter No. 1560 dtd. 03.08.2018 vide annexure-8 issued by Sub- Registrar, Satyabadi (opposite party No.4).
(ii) And any other writ/writs, direction/directions,
order/orders deem fit and proper in the facts and circumstances of the case.”
2. In course of the hearing in the application, learned counsel for the Petitioner drew the attention of this Court to the previous Writ application moved before this Court p. 2 in W.P.(C) No.8675 of 2018, wherein the Co-ordinate Bench of this Court passed a direction vide order dated 18.05.2018 calling upon the Opp. Party No.2 i.e. the Inspector of General Registration, Board of Revenue Building to take a decision on Annexure-6 of the said Writ Petition within a period of one and half months. Pursuant to the aforesaid direction of this Court, the Opp. Party No.4 herein i.e. Sub-registrar, Satyabadi considered the grievance of the Petitioner and passed the following
order:-
“1. A rectification deed duly executed by the parties of the original deed may please be presented before the office of the undersigned for registration u/s-4 of the Stamp Act.
2. Since the area to be rectified as mentioned in the petition involves fragmentation of chaka land, you are required to follow the provision under Odisha Consolidation of Holding & Prevention of Fragmentation of Land Act. 1972.
3. Since the rectification involving change of khata no., chaka no. & plot no. (more than one error) is treated as material change, full stamp duty & regn. fees as an original shall be charged for registration as per Sec-4 of the Stamp Act r/w Letter No. Xl-26/92-5001/Regn. dt.06.12.94 of IGR, Odisha, Cuttack.”
3. Upon perusal of the order passed by the Sub- Registrar, Satyabadi appended as Annexure-8, there appears no illegality inasmuch as the order reveals the p. 3 rectification of the deed intended by the Writ Petitioner involves the change in Khata no., Chaka no. & Plot no. more so the area of land, which is a consolidated land and is likely to fragment the land in question. Accordingly, the Sub-Registrar, Satyabadi passed a reasoned order showing that the rectification involving changes of Khata no., Chaka no. & Plot no. to be treated as material change, which requires a full stamp duty and registration fees as good as original deed, and shall be charged for the registration as per Section-4 of the Stamp Act r/w Letter No. Xl-26/92-5001/Regn. dt.06.12.94 of IGR, Odisha, Cuttack. The impugned order of the Sub-Registrar does not debar the Petitioner for the rectification of the deed in question in compliance with the manner described therein. The Petitioner failed to demonstrate the illegality caused in the order passed by the Sub-Registrar so as to its sustainability for interference in the writ.
4. Hence, this Writ Petition is dismissed being devoid of merit.
(Chittaranjan Dash) Judge
Sarbani Designation: Junior Stenographer