Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8379 of 2026
Dibakar Malik …. Petitioner Mr. Santosh Kumar Nanda, Advocate
-versus-
Sub-Registrar, Ali, Kendrapra & Ors. …. Opp. Parties Mr. S. B. Mohanty, AGA
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 17.04.2026
01.
1. By means of this application, the Petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India seeking issuance of an appropriate writ directing the Opposite Party No.1-Sub-Registrar, Ali, District Kendrapara to accept and register a Sale Deed in respect of land measuring Ac.0.10 decimals out of Ac.0.19 decimals under Khata No.232/335, Plot No.354/1029 situated at Mouza-Goudapatana, Tahasil-Ali, District Kendrapara.
2. The case of the Petitioner, in brief, is that he is the recorded owner in possession of the aforesaid property and had obtained the relevant Record-of-Rights as well as Encumbrance Certificate in respect thereof. Owing to legal necessity, the Petitioner decided to alienate a portion of the said land in favour of Opposite Party Nos.2 and 3 and, pursuant thereto, received
consideration amount from them. It is stated that a draft Sale Deed was prepared on 02.02.2026 and the Petitioner thereafter approached the office of the Sub-Registrar, Ali for presentation p. 2 and registration of the document. However, according to the Petitioner, the registering authority refused to accept and register the said Sale Deed on the ground relating to “Pattadar status”. Alleging such refusal to be contrary to the provisions of the Registration Act and asserting absence of any efficacious alternative remedy, the present writ petition has been filed seeking redress.
3. The moot question involved in the present writ petition is squarely covered in the decision passed by a Co-ordinate Bench of this Court in Padmini Barik vs. State of Odisha & Others, W.P.(C) No.23267 of 2025, decided on 25.08.2025, wherein this Court held that the Sub-Registrar cannot orally refuse to receive a document presented for registration and is obliged either to process the same in accordance with law or pass an order of refusal assigning reasons in writing under the provisions of the Registration Act, 1908 and the Orissa Registration Rules, 1988.
4. Since the grievance raised in the present case is substantially similar, this Court finds no reason to take a different view.
5. Accordingly, it is directed that in the event the Petitioner presents the subject Sale Deed before the Opposite Party No.1- Sub-Registrar, Ali, Kendrapara along with all requisite documents, stamp duty, registration fees and compliances, the said authority shall receive the same and proceed in accordance with law. In the event the document is otherwise found fit for registration, necessary steps shall be taken for registration thereof expeditiously. If the registering authority is of the view that the document cannot be registered for any legally sustainable reason, a p. 3 reasoned order in writing shall be passed and communicated to the Petitioner forthwith.
6. The entire exercise shall be completed within a period of three weeks from the date of presentation of the documents.
7. With the aforesaid observations and directions, the Writ Petition stands disposed of.
(Chittaranjan Dash) Judge
Priyanka Designation: Junior Stenographer