BIDYARANI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that, the Sub-Registrar, Bhubaneswar in the district of Khurda (O.P. No.2) 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, Bhubaneswar in the district of Khurda (O.P. No.2) to accept the sale deed of the petitioner for registration.

(2.) Heard from the learned counsels of both the sides.

(3.) 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, but if the same 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.