Gyanchand Jaiswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.41193 OF 2021 Gyanchand Jaiswal ....

Petitioner Mr.A.K.Panda, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.R.P.Mohapatra, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

1.2.2022 01.

1.

This matter is taken up through video conference mode. Order No.

2.

Heard learned counsel for the parties.

3.

The Writ Petition is based on clear averment at Paragraph-6 thereof that on preparation of the sale deed, the same was submitted before O.P.3 for registration but surprisingly O.P.3 refused to accept the same, and therefore, there appears to be oral refusal of registration. This Court finds in earlier repeated orders has already observed, there is no scope for oral refusal of registration by the Competent Authority. However, without entering into such controversy at this stage, this Court disposes of the Writ Petition simply observing, in the event the Petitioner extends the instrument

// 2 // for registration within ten days hence along with copy of this order, the same may be accepted by O.P.3 and order, as appropriate, on registerability and/or non-registerability be passed, if necessary, giving opportunity of hearing to the Petitioner by completing the entire exercise within a period of fifteen days from the date of communication of this order by the Petitioner. 4.

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, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge M.K.Rout