Pankaj Pratap Dev vs State Of Odisha

A.C. Behera, J

This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the District Sub-registrar, Cuttack(Opposite Party No.3) to register the deed of cancellation of power of attorney(original of Annexure-1) executed by the petitioner and Opposite Party Nos.5 and 6.

According to the petitioner, the said deed of cancellation of power of attorney was presented by the petitioner and Opposite Party Nos.5 and 6 on dated 28.02.2025 before the District Sub-registrar, Cuttack (Opposite Party No.3), but, till yet, the Opposite Party No.3 has not registered the same, through the same is with him(Opposite Party No.3). For which, the petitioner filed this writ petition praying for directing the District Sub-registrar, Cuttack(Opposite Party No.3) to register the power of attorney (original of Annexure-1), which was presented by him(petitioner) and Opposite Party Nos.5 and 6 before the Opposite Party No.3 for registration.

Heard from the learned counsel for the petitioner and learned Standing Counsel for the State.

As per Indian Registration Act, 1908 and Orissa Registration Rules, 1988, whenever any document is presented before the Sub-registrar like original of Annexure-1, the Sub-registrar can either register the same or can refuse to register the same passing necessary order in writing for refusal of registration, if the said document/deed is not fit to be registered by coming within the provisions of Section 22-A of the Registration Act, 1908 and the Orissa Registration Rules, 1988, but, in no case, Sub-registrar, has power or authority to sit over the document of remain silent keeping the said document/deed with him without following any of the above to options. For which, the retention of the document/deed, i.e., the original of Annexure-1, which was presented by the petitioner before the Opposite Party No.3 for registration is not inconformity with the Indian Registration Act, 1908 or the Orissa Registration Rules, 1988.

So, there is no justification under law to disallow the writ petition filed by the petitioner for a direction to the District Sub-registrar, Cuttack(Opposite Party No.3) to Act upon the document, i.e., original of Annexure-1(which was presented by the petitioner on dated 28.02.2025) as per the Registration Act, 1908 and The Orissa Registration Rules, 1988 immediately on the very same day of the production of the certified copy of this judgment by the petitioner.

As such, there is merit in the writ petition filed by the petitioner. The same is to be allowed.

In result, the writ petition filed by the petitioner is allowed.

The District Sub-registrar, Cuttack(Opposite Party No.3) is directed to Act upon the deed of cancellation of power of attorney(original of Annexure-1) as per the Registration Act, 1908 and the Orissa Registration Rules, 1988 on the very same day of the production of the certified copy of this judgment.

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