PRAMILA DAS 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, Khandagiri (Opposite Party No.2) in the district of Khurda to receive the deed for sale of the petitioner for registration, because, the Sub-Registrar, Khandagiri (Opposite Party No.2) orally refused to receive that deed for sale of the petitioner for registration.

(2.) Heard from the learned counsel for the petitioner and learned Standing Counsel for the State.

(3.) The law is very much clear that, the Sub-Registrars like Opposite Party No.2(Sub-Registrar, Khandagiri) 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 such refusal.