IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SARATH
Aginati Ravi Kumar – Appellant
Versus
State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Govt. of Telangana, Hyderabad – Respondent
ORDER :
K. SARATH, J.
1. This Writ Petition is filed challenging the Memo No.B/1127/2014, dated 30.07.2014, whereunder the respondent No.4 refused to restore and reconvey the unused land, which was donated by the petitioners for construction of Mini Sports Stadium admeasuring to an extent of Ac.4.00 Guntas in Sy.No.859 and 860 situated at Mothkur Village and Mandal.
2. Heard Sri P.Sashidhar Reddy, learned Counsel for the petitioners and Sri M.Sahas Reddy, learned Assistant Government Pleader for Revenue appearing for the respondents.
3. The learned Counsel for the petitioners would submit that both the petitioners have jointly purchased an extent of Ac.27.01 guntas of land situated at Mothkur Village and Mandal of erstwhile Nalgonda District through registered sale deeds in the year, 2003 and they were also issued pattadar pass books in respect of the said lands. While the things stood thus, at the request of local MLA and the elders they have donated their land admeasuring to an extent of Ac.6.00 Guntas in Sy.Nos.859, 860 and 861 for the purpose of construction of Mini Sports Stadium and accordingly the same was alienated in favour of District Sports Development Authority, Nalgonda v
Commissioner of Gift Tax, Ernakulam Vs. Abdul Karim Mohd (Dead) by LRs.
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.
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.
Land acquired for public purpose cannot be reconveyed once utilized, even if the school became defunct.
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.
The court upheld the public interest in maintaining playgrounds while allowing partial land transfer for a stadium, emphasizing the need for due process in property disputes.
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