Kanhu Charan Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 12050 of 2022 Kanhu Charan Sahu .....

Petitioner Mr. Pabitra Kumar Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.07.2022 4.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition prays for a direction to Sub-Registrar, Odagaon-Opposite Party No.4 to register the sale deed presented by him on 5th May, 2022 vide ID No.1402200820 (Annexure-3). In the alternative, the Petitioner prays for return of the document along with refusal memo pursuant to his representations dated 5th May, 2022 and 9th May, 2022 (Annexures 4 and 5 respectively).

3.

Taking into consideration the submission made by learned counsel for the Petitioner, this Court on earlier occasion, directed learned State Counsel to take instruction in the matter. The Opposite Party No.4 filed counter affidavit in Court today, copy of which is served on learned counsel for the Petitioner, who prays for an adjournment to take instruction in the matter.

4.

On perusal of the counter affidavit, it appears that pursuant to order dated 28th March, 2014 passed by learned Additional District Judge, Nayagarh in IA No.1 of 2013

// 2 // (arising out of RFA No.41/13 of 2/10), the Sub-Registrar, Odagaon has already passed the detailed order stating the reason of refusal to register the aforesaid sale deed. Copy of the said order of refusal dated 11th May, 2022 has been annexed to the counter affidavit as Annexure-B/4.

5.

In view of the above, the memo of refusal No.2 of 2022 dated 11th May, 2022 of Opposite Party No.4-Sub-Registrar, Odagaon nothing remains to be adjudicated in this writ petition. 6.

Accordingly, the writ petition is disposed of. (K.R. Mohapatra) Judge s.s.satapathy