Stop oral rejection of documents or face contempt: Orissa HC to state government

CUTTACK: The Orissa High Court has expressed serious displeasure over "unending" litigations involving oral rejection of documents submitted for property registration at the offices of registrars and sub-registrars across the State.

It has warned the Revenue department of initiating contempt proceedings if the practice is not stopped immediately. The documents generally involve property transactions and collection of proper stamp duty and registration fee. 

In several decisions, the High Court had held that the sub-registrar or registrar is duty-bound to pass appropriate order as to whether the instrument (document) presented is registerable or not and there is no room for oral rejection of such instrument.

The series of orders had been even communicated to the higher authorities of the State. But, in spite of such endeavour of the court, there is no reduction in filing of this nature of cases. "As a matter of fact, this court finds at least three such matters on today's Board," Justice Biswanath Rath observed while disposing of one such petition.

"This has become everyday affair. This court finds there is no end to this sort of litigation," Justice Rath observed while directing the principal secretaries of Revenue and General Administration departments for issuing necessary instruction to the registrars and sub-registrars not to orally reject instruments submitted for the purpose of registration".

"This court further directs, in the event any such allegation involving this issue comes any further, there will be direction to initiate suo motu contempt proceedings against the Principal Secretary of Revenue department as well as the Principal Secretary of General Administration department for the attempt of the public authorities in unnecessarily wasting the valuable time of this court," Justice Rath said in his order.

The petition had sought intervention against illegal oral refusal to receive an instrument by the office of sub-registrar, Barchana in Jajpur district. While disposing it, the court directed the petitioner to resubmit his documents at the office of sub-registrar, Barchana within seven days.