GURU PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the Sub-Registrar, Lakhanpur (Opposite Party No.3) in the district of Jharsuguda to accept the deed for sale of the petitioner for registration, because, the Sub-Registrar, Lakhanpur (Opposite Party No.3) orally refused to receive the deed for sale of the petitioner stating that, the petitioner is wanting to sell his joint and undivided properties without the consent and signatures of his co-sharers, for which, he(Opposite Party No.3) will not receive that deed for sale of the petitioner.

(2.) Heard from the learned counsel for the petitioner and learned Additional Sanding Counsel for the Opposite Parties.

(3.) The law is very much clear that, Sub-Registrars cannot orally refuse to receive any deed for sale, when the same is presented for registration. The Sub-Registrars including Opposite Party No.3 are bound to receive the deed presented for registration and after receiving the deed, they(Sub-Registrars) may register the deed or to refuse to register the same assigning reasons for non-registration of the same, if that deed is not legally fit for registration.