Upadrashta Srinivasa Rao Vs State of Telangana — Writ and Judicial Review | Telangana HC (2026)

Upadrashta Srinivasa Rao Vs State of Telangana — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of (taken up at admission stage with consent of parties): Registering Authority directed to receive and process the document presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899; the Registering Authority remains free to refuse the document for any objection, duly assigning reasons and communicating its decision to the petitioner; no opinion expressed on the merits of entitlement to registration; miscellaneous petitions, if any, closed; no order as to costs.

Issue for consideration

Whether Respondent No.2 (Sub-Registrar) could refuse to receive and process the document presented by the petitioner in respect of the subject property situated in Survey Nos.359/1 and 359/3 (said to be in the prohibited list of properties) without insisting on a No Objection Certificate, and whether directions should issue for removal from the prohibited list and registration. +1 more

Court's answer

The writ petition is disposed of with a direction to the Registering Authority to receive and process the document sought to be presented by the petitioner in respect of the subject property.

Ratio / Principle

The direction to receive and process the document is subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899.

Key takeaways

It will be open to the Registering Authority to refuse the document presented before it if it has any objection, duly assigning reasons in support of such decision and communicating the said decision to the petitioner.ratio¶46
The Court made clear that it has not expressed any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered.ratio¶46

Detailed headnote1 paragraphs

Registration — Refusal to receive document — Prohibited list of properties — Petitioner, in respect of Flat No.104, Vishnu Chaitanya Apartments, Road No.1, Sardar Patel Nagar, near Royal Function Hall, Secunderabad, Moulali, Medchal-Malkajgiri District, situated in Survey Nos.359/1 and 359/3, sought a mandamus directing Respondent No.2 (Sub-Registrar, SRO-Medchal Malkajgiri) to remove the survey numbers from the prohibited list of properties and to receive, process and register documents without insisting on a No Objection Certificate — Government Pleader submitted that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (reasons for refusal to be recorded) — Held, disposing of the writ petition at the admission stage with consent of parties: the Registering Authority is directed to receive and process the document presented in respect of the subject property, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899; it remains open to the Registering Authority to refuse the document if it has any objection, duly assigning reasons and communicating the decision to the petitioner; the Court expressly did not express any opinion on the merits of the petitioner's entitlement to get the subject document registered — Miscellaneous petitions, if any, stand closed; no order as to costs. (Amended order dt.30.03.2026 in I.A.No.2 of 2026 corrected the Flat Number misread as '604' to '104'.)