SABITRI MOHARANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the District Sub-Registrar, Cuttack (O.P. No.2) to receive the deed of sale (original of Annexure-4) of the petitioner for registration, because, the District Sub-Registrar, Cuttack (O.P. No.2) is not receiving the deed of sale (original of Annexure-4) of the petitioner, which presented for registration. For which, without getting any way, the petitioner has filed this writ petition.

(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-registration, if that document is not legally fit for 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 said document 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.