ORDER:

1. Heard the Learned Counsel for the Petitioner and Learned Government Pleader for Revenue appearing on behalf of Respondents 2 to 4 and learned Government Pleader for Medical Health and Family Welfare.

2. The Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the respondents in not reverting the land to the donor/petitioner to an extent of Ac.3.00 cents in survey No.5 of Thimmajipet Village, Timmakipet Mandal, Mahaboobnagar District donated for the purpose of construction of Primary Health Centre by making necessary entries in the Revenue Records (ROR) as illegal, arbitrary and in violation of Section 126 of Transfer of Property Act and consequently direct the respondents to permit the petitioner to resume the land in question forthwith duly making necessary entries in the Right to Records forthwith.

3. The case of the Petitioner in brief, is as follows:

a) The Petitioner had donated land to an extent of Ac.2.00 cents under the registered gift deed dated 28.07.1987 and also an extent of Ac.1.00 cents under the unregistered gift deed, totaling land to an extent of Ac.3.00 in Survey No.5 of Thimmajipet Village, Thimmajipet Mandal, Mahaboobnagar District.

b) The said land had been donated by the petitioner for the purpose of Construction of Primary Health Centre which had been proposed by the Government subject to availability of land in the village, in the year 1987.

c) Accordingly, the petitioner was inclined to gift the land and the same had been entered into revenue records by the respondents. However, the said land had not been utilized for the construction of Primary Health Centre due to the locals opposing the construction, as the donated land of the petitioner is 2 K.M’s away from the Thimmajipet Village.

d) Ultimately, the Primary Health Centre building had been constructed in the Government Survey Land no. 22 of Thimmajipet Village in the year 1998 and the petitioner’s donated land had not been utilized for the designated purpose.

e) Despite several representations to handover the donated land as it was not being utilized, the respondents have not handed over the said land to the petitioner.

f) While things stood thus, the petitioner’s husband fell ill and bedridden due to paralysis and other ailments which required huge amounts of money for medical treatment. Petitioner having no other source of income, made a representation dated 29.08.2005 to respondents against which the 3rd respondent had written a letter dated 02.09.2005 to the 2nd respondent for resumption of land as the same is not being utilized by the petitioner.

g) The 2nd respondent had not taken any action pursuant to the said letter. In support of one of the representations, the 2nd respondent by his letter dated 13.11.2006 asked the 3rd respondent to send report after inspecting the land personally.

h) The 3rd respondent by letter dated 22.11.2006 asked the 4th respondent to enquire and send detailed report to the 2nd respondent. In response to the said letter, the 4th respondent had recorded the statement of the petitioner and had sent a report to 2nd respondent.

i) Even the 3rd respondent had also enquired into the matter personally and by letter dated 13.12.2006 asked the 4th respondent for report with regard to construction of PHC Building and classification of said land.

j) In the meanwhile, petitioner’s husband died on 26.12.2011. Even the petitioner is suffering from old age ailments and requires assistance of others to go around. The survival for the petitioner is difficult and requires money for medical treatment of the petitioner.

k) The respondents should have made necessary corrections in the revenue records and should have allowed the petitioner to resume the land, when the object of the gift has not happened. The said land in the gift deed is conditional and if not complied with, the said land has to be returned to the owner of the property.

l) When any property has been donated for a particular purpose