Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.18128 of 2025 Dhobei Biswal ..... Petitioner Represented By Adv. - Amit Kumar Saa -versus- 1) State Of Odisha ..... Opposite Parties 2) Inspector General Of Registration, Cuttack 3) Dist. Sub Registrar, Angul 4) Puspalata Majhi Represented By Adv. – Mr. G. Mohanty. SC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 04.07.2025 Order No. 1. 1. This matter is taken up through hybrid mode. 2. The petitioner has filed this writ petition praying for directing the District Sub-Registrar, Angul (Opp. Party No.3) through issuance of writ of Mandamus for acceptance of the deed for sale of the part/portion of plot No.176 under Khata No.113 in Mouza-Pateli, P.O-Kumursingha, District-Angul in favour of one Puspalata Majhi. 3. The case of the petitioner that, when the petitioner tried for slot booking in order to sale the part of above plot No.176, but the District Sub-Registrar, Angul (Opp. Party No.3) did not accept Page 2 of 4. the same on the ground that, the petitioner is one of the co-owner of plot No.176, for which, he alone cannot sell part of Plot No.176. 4. Heard from the learned counsel for the petitioner and the learned SC for the State. 5. On the aspect of alienation of property by one co-owner without the consent of other co-owners has already been clarified by this Court in a decision between Damodar Mishra Vs. State of Odisha & Others decided in WP(C) No.4340 of 2025 on dated 03.04.2025 that, “As per Section 44 of the T.P. Act, 1882, a co-sharer/co-owner has his/her inherent right to alienate his/her share/interest 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 one co-owner of the same indicating boundaries thereof, still then, the said transfer/sell 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, 182 restricting a co-owner/co-sharer to alienate his/her undivided share/interest in the joint and undivided property shall be deemed as non-est. Because, executive Page 3 of 4. instructions and circulars have no applicability where statutory law governs the field.” 6. By applying the above clarified propositions of law enunciated in the aforesaid decision between Damodar Mishra Vs. State of Odisha & Others decided in WP(C) No.4340 of 2025 to this matter at hand, it is held that, the District Sub-Registrar, Angul (Opp. Party No.3) cannot refuse to register the sale made by the petitioner in respect of his share in plot No.176 under Khata No.113 in Mouza-Pateli even without the consent of his co-owners. Because, as per law, he (petitioner) alone has his inherent right to sell his undivided share in the joint and undivided plot No.176 without the consent of his co-owners through Registered Sale Deed in favour of Puspalata Majhi. 7. For which, on the basis of the above findings and observations, this writ petition is to be disposed of finally. 8. The District Sub-Registrar, Angul (Opp. Party No.3) is directed to book the slot of the petitioner for registration of the sale deed in selling his share/interest in plot No.176 under Khata No.113 in Mouza-Pateli, P.O-Kumursingha, District-Angul without the consent of his co-owners and the District Sub-Registrar, Angul (Opp. Party No.3) shall accept the sale deed for registration if presented with the certified copy of this Order as per Registration Page 4 of 4. Act and Rules. After completion of registration, the District Sub- Registrar, Angul (Opp. Party No.3) shall return the sale deed as per Rule 100 of the Registration Rules within 3 days in view of the circular issued by the Government. 9. Accordingly, the writ petition is disposed of finally. 10. Urgent certified copy of this Order be granted to the petitioner on proper application. ( ANANDA CHANDRA BEHERA) Judge Rati Ranjan Location: High Court of Orissa, Cuttack, India.