DHABAL PRASAD PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State appearing for the opposite parties.

(2.) In this writ petition, petitioner has made prayer to direct opposite party no. 4-District Sub-Registrar, Cuttack to effect registration of the sale-deed executed by the petitioner in favour of the vendee Akshya Kumar Jena for sale of the case land.

(3.) Khata No. 285 in Mouza-Gopalpur including plot No. 1708 stands recorded solely in the name of petitioner's vendor Jadunath Behera under Record-of-Rights at Annexure-1 to the writ petition. Petitioner purchased land comprising of an area of Ac.0.22 decimals out of plot No. 1708 on the strength of registered sale-deed dated 8.2.2013/11.2.2013 at Annexure-2. In order to meet expenses for treatment of his cardiac ailments, the petitioner negotiated with the vendee Akshya Kumar Jena for sale of Ac.0.04 decimals out of the land purchased under sale deed at Annexure-2. While preparing for purchase of stamp papers for execution of sale-deed the petitioner came to know that no sale deed is accepted for registration by the registering officer at Cuttack unless name of the transferor is recorded in the Record-of-Right on the pretext of the bar contained under Sub-section (2) of Section 22A of the Registration Act, 1908 (for short, 'the Act') incorporated into the statute by the Registration (Odisha Amendment) Act, 2013. Sub-Section(2) of Section 22A of the Act reads as follows: