Nayagarah Sugar Complex Limited, represented through its Chairman Sri Trailokya Mishra, Dist. Nayagarh vs Sub Registrar, Nayagarh, District Nayagarh Vs

Ananda Chandra Behera, J

Heard from the learned counsel for the petitioner-company and the learned SC for the State.

It is the grievance of the petitioner that, petitioner had presented three sale deeds before the Sub-Registrar, Nayagarh (Opp. Party) fulfilling all the criterias/conditions of the Registration Act, 1908 and Rules thereof for registration of the said sale deeds, but the Sub-Registrar, Nayagarh (Opp. Party) refused to receive the said three sale deeds and returned back that sale deeds to the petitioner without passing any order regarding the refusal for Registration of the same.

For which, the petitioner submitted a representation before the Sub-Registrar, Nayagarh (Opp. Party) for registration of his sale deeds, but, that representation of the petitioner has not been considered by the Sub-Registrar, Nayagarh (Opp. Party) as yet.

So, without getting any way, the petitioner filed this writ petition for necessary order as per law for registration of the sale deeds, those have been refused by the Opp. Party to register without any order.

On this aspect, the propositions of law has already been clarified in a case between M/s. North East Infrastructure Private Limited & Another Vs. The State of Andhra Pradesh & Others by the High Court of Andhra Pradesh reported in 2025 (2) Civ.C.C. 220 (AP) that,

“Sub-Registrar/Registrar cannot orally refuse to receive document. He is either to register the document, if it is found legally fit or pass an order of refusal indicating reasons for such refusal to register. When a document is presented for registration, it is the duty of the Sub-Registrar to receive the same and if it is not in compliance of the provisions of law, the Sub-Registrar may refuse to register the document according to the reasons thereof”.

Here in this instant matter at hand, the Sub-Registrar has not accepted the sale deeds presented by the petitioner for registration, for which, by applying propositions of law enunciated in the ratio of the aforesaid decision, it is held that, the Sub-Registrar, Nayagarh (Opp. Party) has derailed from its duties refusing to register the sale deeds without any order for the refusal of registration.

For which, there is no justification under law to disallow the writ petition filed by the petitioner.

Therefore, the writ petition filed by the petitioner is allowed.

Sub-Registrar, Nayagarh (Opp. Party) is directed to receive the sale deeds if presented by the petitioner-company for registration and to act thereupon as per the Indian Registration Act, 1908 and Rules.

As such, the writ petition filed by the petitioner is disposed of finally.

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