SUBEDA NAYAK Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) HEARD Sri Ganeswar Rath, Learned Counsel for the Petitioner, Learned Additional Government advocate for Opp. Parties. 1,2 and 3 and Sri S.B. Jena, Learned Counsel for the Opp.Parties 4 to 6.

(2.) A sale deed transferring area measuring Ac.0.17 decimals in Hal Khata No. 86, Plot No. 951, Mouza -Sikrida, P.S. Nuagan, District Nayagarh was executed by Opp.Party No. 4 on 29.1.2006 which was registered by the District Sub -Registrar at SI. No.370 of 96 on the same date. In the said sale deed it was mentioned by Opp.Party No. 4 that he had already received the full consideration amount and had already delivered the possession of the land to the original Petitioner, who died during the pendency of the Writ Petition and his legal heirs were substituted in his place. But later on vide a separate deed, the Opp.Party No. 4 cancelled the sale deed through a document registered at SI. No. 398. of 96 dated 1.2.96 and the District Sub -Registrar recorded on his office copy of the sale deed as under:

(3.) LEARNED Additional Government Advocate has submitted that the District Sub -Registrar has not made any endorsement on the original sale deed but has made endorsement only on the copy of the sale deed maintained in his office. He has, however, not denied that in case of issuance of certified copy, the endorsement shall be given along with the sale deed.