Antaryami Nayak vs State Of Odisha And Others Vs

A.C. Behera, J

Learned counsel for the petitioner submitted that, the Sub-Registrar, Khandapada in the district of Nayagarh (O.P. No.3) is not receiving the sale deed of the petitioner presented for registration, for which, without getting any way, the petitioner has filed this writ petition praying for directing the Sub-Registrar, Khandapada, Nayagarh to accept the sale deed of the petitioner for registration.

Heard from the learned counsels of both the sides.

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 or to refuse to register the same indicating the reasons for non-acceptance for registration, if that document is not legally fit for acceptance and registration.

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 and if it is not in compliance with the provisions of law, the Sub-Registrar may refuse to accept that document for registration assigning the reasons in writing about the same.

On this aspect, the propositions of law has already been clarified in a decision 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) that, the Sub-Registrar/Registrar, cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same, and thereafter, either register such sale deed or any other document or pass a refusal order.

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 the Sub-Registrar, Khandapada, Nayagarh (O.P. No.3) to receive the sale deed, if presented by the petitioner with the certified copy of this judgment for registration and to act upon the same as per The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

Accordingly, the writ petition filed by the petitioner is disposed of finally.

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