Mamata Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.672 of 2022 Mamata Mishra ....

Petitioner(s) Ms. D. Mahapatra, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. S.P. Panda, Additional Government Advocate

CORAM:

JUSTICE BISWANATH RATH

ORDER

04.02.2022 01.

1.

This matter is taken up by video conferencing mode. Order No.

2.

There is an allegation of oral refusal for accepting the instrument.

3.

Keeping the allegation made by the learned counsel for Petitioner in view and for the repeated direction of this Court that there is no scope of oral refusal to entertain the instrument, this Court finds, in the event the instrument is not registerable, the registering authority has to endorse reason. However, keeping in view the submission made by the learned counsel for Petitioner, this Court permits the Petitioner to tender the instrument along with an authenticated copy of this order to the registering authority within a period of seven days hence. In such event decision in the matter of entertaining or not entertaining the instrument shall be taken by the competent authority giving reasons thereon.

4.

The writ petition stands disposed of with the above direction.

// 2 // 5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide memo Nos.514 & 515 dated 7th January, 2022.

(Biswanath Rath) Judge Ayaskanta Jena