Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10973 of 2026
Hemanta Kumar Giri & Another …. Petitioners Mr. M. Das, Advocate
-versus-
State of Odisha& Others …. Opp. Parties Mr. U.C. Behura, AGA
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 17.04.2026
01. 1. The present writ petition has been filed under Articles 226 and 227 of the Constitution of India by the Petitioners seeking issuance of appropriate writ/direction to the Opposite Party No.3- Sub-Registrar, Champua to accept and process for registration of the Sale Deed executed by the Petitioners in respect of the subject land, which according to them was declined to be accepted at the time of presentation. 2. From the averments made in the writ application, it appears that the Petitioners claim to be the legal heirs of Late Upendra Giri and assert title and possession over the land appertaining to Khata No.11, Plot No.24, Kisam-Sarada-III, measuring Ac.1.940 decimals situated at Mouza-Kanjiasula in the district of Keonjhar. It is their case that out of the said land, they intended to alienate an extent of Ac.1.780 decimals in favour of an intending purchaser and, for the said purpose, a Sale Deed was p. 2 executed and presented before the Opposite Party No.3-Sub- Registrar, Champua on 15.02.2026 for registration. According to the Petitioners, the said authority did not accept the document. 3. Having regard to the nature of the relief sought by the Petitioner, apparently there appears no dispute as regards the surviving legal heirs of the deceased in whose name the property exists. However, in the event of an objection to the very right of the legal heirs the Petitioners are required to knock the door of the Civil Court by way of suit claiming their right title interest. There is, of course, no scope for the Sub-Registrar to deny acceptance of the registration of the subject property if documents showing the legal heirs of the deceased is before it and there is no other legal impediment simply by questioning the title of the executant of the instrument. 4.
In view of the above, without expressing any opinion on the merits of the matter, insofar as the limited grievance relating to non-consideration/non-acceptance of the document presented before the registering authority is concerned, in the event the Sale Deed is presented by the Petitioners along with all requisite documents and statutory compliances before the Opposite Party No.3 i.e. the Sub-Registrar, Champua, the same shall be considered strictly in accordance with law and a reasoned order shall be passed in writing in case it declines to accept registration within a period of three weeks from the date of such presentation. The result thereof shall be communicated to the Petitioners within one week thereafter. Page 3 of 3
5. A free copy of this order be supplied to the learned Government Counsel for onward transmission of the order the Sub-Registrar concerned for compliance. 6. Accordingly, the writ application stands disposed of. (Chittaranjan Dash) Judge
AKPradhan Designation: Senior Stenographer