WP(C) No.21047 of 2025 p. 1 ORISSA HIGH COURT : CUTTACK WP(C) No.21047 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Biranchi Narayan Panda & Another … Petitioners. -VERSUS- State of Odisha & Others … Opposite Parties. Counsel appeared for the parties: For the Petitioners : Mr. J. Pani, Advocate For the Opposite Parties : Mr. T. Kumar, Addl. Standing Counsel. P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 22.08.2025 :: Date of Judgment : 22.08.2025 WP(C) No.21047 of 2025 p. 2 JUDGMENT ANANDA CHANDRA BEHERA, J.— 1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the Sub-Registrar, Jajpur in the district of Jajpur (O.P. No.5) to receive the deed for sale of the petitioners for registration, because, the O.P. No.5 is not receiving the deed for sale of the petitioners for registration. For which, the petitioners have filed this writ petition praying for directing the Opp. Party No.5 to receive the deed for sale of the petitioners for registration. 2. Heard from the learned counsels of both the sides. 3. The law is very much clear that, the Sub-Registrar cannot orally refuse to receive any document, when the same is presented for registration. He/she is either to register the document after receiving it or to refuse to register the same indicating the reasons for non-registration, if for any reason under law that, the said document is not legally fit for registration. WP(C) No.21047 of 2025 p. 3 According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for registration, it is the duty of the Sub-Registrar to receive the same, but if the same is not fit for registration as per law, the 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 the decisions 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 any document presented for registration, but after receiving, he/she will consider, whether the same is fit for registration or not, because, Section 71 of the Registration Act, 1908 provides that, the Sub-Registrar is to receive a document which is presented for registration and if the same is fit for registration, he/she shall register that deed as per the Registration Act, 1908 and Rules thereof and if the same is not fit for registration, he/she shall pass an order of refusal of registration in writing as per Section 71 of the Registration Act.” WP(C) No.21047 of 2025 p. 4 5. Section 44 of the T.P. Act, 1882 provides inherent right/power to a co-sharer of a joint property like the petitioners to transfer/alienate their undivided share in the joint property without the consent of their co-sharer or co- sharers and Sub-Registrar has no power to refuse to receive the deed for sale presented for registration by a co- sharer like the petitioners in this matter at hand even if the deed for sale is executed without the consent of his co- sharers. On this aspect, the propositions of law has already been clarified in the decision between Damodar Mishra Vs. State of Odisha & Others decided on 03.04.2025 in WP(C) No.4340 of 2025. 6. So, by applying the principles of law enunciated in the ratio of the above decision 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 Sub-Registrar, Jajpur in the district of Jajpur (O.P. No.5) to receive the deed for sale, if presented by the petitioners with the certified copy WP(C) No.21047 of 2025 p. 5 of this Judgment along with the above decision between Damodar Mishra Vs. State of Odisha & Others and to act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988. If that deed is registered, then after registration, the Opp. Party No.5 shall return that sale deed to the petitioners 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. 7. As such, this writ petition filed by the petitioners is disposed of finally. (ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 22 .08. 2025// Rati Ranjan Nayak Sr. Stenographer Location: High Court of Orissa, Cuttack, India.