STATE OF ODISHA Vs. MANAS KUMAR PRADHAN

JUDGEMENT

(1.) An order dtd. 10/12/2021 passed by a learned Single Judge of this Court in W.P.(C) No.25695 of 2021 is under challenge in the present intra-court appeals whereby the learned Single Judge has set aside an order dtd. 28/10/2020 passed by the District Sub-Registrar, Puri (in short, 'Sub-Registrar") refusing registration of a sale deed executed by the pro forma respondents No.1 and 2 in favour of the respondent-Manas Kumar Pradhan in respect of a piece of land situated at Puri Sadar having following description:-

(2.) The Sub-Registrar had refused to register the said sale deed on various grounds including the bar under Sec. 22-A of the Indian Registration Act, 1908 (in short, 'Registration Act") which has been inserted in the Registration Act by way of an amendment vide Odisha Act 1 of 2014 that came into force with effect from 22/2/2014. The said order of the Sub-Registrar was subsequently confirmed by the Registrar by an order dtd. 14/7/2021, which order has also been set aside by the learned Single Judge with a direction to the Sub-Registrar to register the documents forthwith upon presentation.

(3.) W.A. No.226 of 2022 has been filed by the State of Odisha assailing the impugned judgment of the learned Single Judge, justifying the orders which were passed by the Sub-Registrar and the Registrar. W.A. No.141 of 2022 has been filed by one Shri Jagannath Bastia, who was not a party in the writ proceeding and has been granted leave to prefer the appeal. Further, W.A. No.738 of 2024 has been filed by one Ayananshu Dutt, who too was not a party in the writ proceeding, by seeking leave of this Court to assail the impugned order. It is his contention that suppressing material facts, the respondents obtained the impugned order without impleading him as a party though he being a necessary party in the facts and circumstances.