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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH
BoIla Venkateswar Rao – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. writ petition filed against respondent actions. (Para 1 , 2) |
| 2. petitioner's arguments on failed conditions of land donation. (Para 3 , 4 , 5 , 6) |
| 3. reference to previous cases and their relevance. (Para 7) |
| 4. counterarguments regarding land donation and rights. (Para 8 , 10) |
| 5. court's reasoning on land utilization and donor rights. (Para 9 , 11 , 12 , 13 , 15 , 16) |
| 6. precedent regarding reconveyance and conditions of gifts. (Para 14) |
| 7. conclusion directing reconveyance of land. (Para 17 , 18) |
ORDER :
K.SARATH, J.
This writ petition is filed questioning the action of the respondent Nos.2 to 5 in not returning the land admeasuring to an extent of Ac.3.00 gts in Sy.No.640/AA situated at Tallagudem Village, Kamepalli Mandal, Khammam District, to the petitioner as illegal and arbitrary.
2. Heard learned Counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.
3. The learned Counsel for the petitioner submits that the petitioner has donated the subject land in favour of the respondents for specific purpose of construction of Junior College at Thallagudem in the year, 2003 by way of Razinama in Form-C under A.P.(Telangana
Donor has the right to reclaim land if it has not been used for the intended purpose stipulated in the gift, underlined by the necessity for the government to honor the conditions of the donation.
A donor has the right to reclaim land if it is not used for the specific purpose for which it was gifted.
Land relinquished under Form-C vests absolutely in the Government and cannot be reconveyed to original owners if used for public purposes, affirming public trust obligations.
Conditional gifts must revert to donors if the specified purpose is not fulfilled, emphasizing government accountability.
Land once vested in the state cannot be reconveyed to the original owner unless specific legal conditions are met and public purpose is no longer required.
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