ARABINDA SWAIN 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 Sub-Registrar, Cuttack in the district of Cuttack (O.P. No.3) to accept the deed of sale of the petitioner for registration, because, the Sub-Registrar, Cuttack in the district of Cuttack (O.P. No.3) orally refused to receive the deed for sale of the petitioner for registration expressing verbally that, he (petitioner) has no power to transfer his joint property through sale deed without the consent of his co-sharers. For which, without getting any way, the petitioner 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.