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2025 Supreme(Telangana) 2093

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, CJ, G.M. MOHIUDDIN, J.
Dr. Gurram Lakshminarsimha Reddy - Petitioner
Versus 
The State Of Telangana, Rep. By Its Chief Secretary To Government, Municipal Administration And Urban Development Department And Others - Respondents
WRIT PETITION (PIL) No.12 OF 2025, WRIT APPEAL No.109 OF 2025
Decided On : 08-12-2025

Advocates:
Advocate Appeared:
For the Appellant : GP For Revenue
For the Respondent: P Sasidhar Reddy

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.

Headnote:(A) Telangana Land Revenue Rules, 1951 - Rule 16 and Rule 23 - Whether land relinquished for public purpose may be reconveyed to original owners - The court holds that once relinquished under Rule 16, the title vests absolutely in the Government, free from claims - The land was utilized for public purposes and reconveyance would contravene public trust doctrine. The donors' right to reconvey has been extinguished legally. (Paras 27, 30-34)

(B) Public Trust Doctrine - Statutory land must serve public interest and cannot be divested to private parties - Retaining land for school and playground deemed as serving public welfare. (Paras 25, 29, 36)

Facts of the case:
The petitioner, a public citizen, challenged the reconveyance of land, which was relinquished for construction of a stadium but had not been utilized for that purpose; part of it had been used for a school. The donors argued for the return of unutilized land. The original relinquishment was accepted and recorded in 2005 during a transitional period involving government authorities.

Findings of Court:
The releasement under Form-C is a definitive transaction, preventing any reversal upon claims that the stated public purpose was not fulfilled; the land is, and must continue to be utilized for public benefit according to the original intent.

Issues: Whether the original relinquishment is conditional and if the reconveyance to the donors is sustainable under law.

Ratio Decidendi: The court states that relinquishments under the Land Revenue Rules are statutory and unconditional; hence, the donated land cannot be returned because it is utilized for public purposes, affirming the principles of public trust.

Result: Appeals allowed; prior order set aside.

Table of Content
1. clarification of land relinquishment and its legal significance. (Para 2 , 9)
2. government's position concerning relinquished land and legal arguments. (Para 10 , 11 , 12 , 14 , 16)
3. donors' claim for reconveyance based on non-utilization of land. (Para 18)
4. petitioner's defense against reconveyance highlighting public interest. (Para 20 , 21 , 22 , 23)
5. nature of relinquishment under the rules and applicability of public trust doctrine. (Para 27 , 28 , 30 , 32)
6. court's conclusion on rights regarding the relinquished land. (Para 34 , 35 , 36)
7. final orders and directives regarding the land. (Para 37)

JUDGMENT :

Since the issues that arise in the above writ petition and writ appeal are integrally one and the same, the writ petition and writ appeal are being disposed of by this common Judgment.

2. The W.P.(PIL) No.12 of 2025 and W.A.No.109 of 2025, though instituted through separate proceedings, pertain to the same subject property admeasuring Ac.6.00 gts in Sy.Nos. 859, 860 and 861 of Mothkur Village, Yadadri Bhuvanagiri (erstwhile Nalgonda) District. The principal question that arises for determination is whether land relinquished in favour of the Government under Form-C of the Telangana Land Revenue Rules, 1951 (for short ‘Rules 1951’) for a specified public purpose may thereafter be reconveyed to the original owners, and whether any such exercise is legally sustainable.

3. For the sake of convenience, the petitioner in W.P.(PIL) No.12 of 2025 is referred hereinafter as ‘petitioner’.

4. Respondent Nos.1 to 6 in W.P.(PIL) No.12 of 2025 and appellants in W.A.No.109 of 2025 being official respondents, are referred as ‘State’.

5. Respondent Nos.7 and 8 in W.P.(PIL) No.12 of 2025; respondents in W.A.No.109 of 2025 and writ petitioners in W.P.No.27037 of 2014 being one and the same, are referred as ‘respondent Nos.7 and 8’ for the sake of adjudication of the case.

6. Heard Sri Dr. Kadiri Krishnaiah, learned counsel for the petitioners in W .P.(PIL) No.12 of 2025; Sri E.Venkata Reddy, learned Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.1 in W.P.(PIL) No.12 of 2025; Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue Department appearing for appellants in W.A.No.109 of 2025 and respondent Nos.2, 4, 5 and 6 in W.P.(PIL) No.12 of 2025; Smt.Gudipati Sharvani, learned counsel representing Sri P.Krishna Reddy, learned counsel for respondent No.3 in W.P.(PIL).No.12 of 2025 and Sri P.Sasidhar Reddy, learned counsel representing Sri R.S.Sumith Raj, learned counsel for respondent Nos.7 and 8 in W.P.(PIL).No.12 of 2025 and respondents Nos.1 and 2 in W.A.No.109 of 2025 and perused the record.

Chronology of litigations

7. W.A.No.109 of 2025 has been preferred by the State assailing the order of the learned Single Judge dated 21.11.2024 in W.P.No.27037 of 2014, whereby the learned Judge directed reconveyance of Acs.4.00 gts of the subject land to the original donors (respondents herein) on the premise that the specific public purpose for which the land was relinquished, i.e., for construction of a Mini Sports Stadium had not been fulfilled.

8. W.P.(PIL) No.12 of 2025 has been instituted by one Dr. Gurram Lakshminarsimha Reddy, a public-spirited citizen, seeking a writ of mandamus to restrain the State from reconveying the aforesaid Acs.4.00 Gts to the original donors, contending that the land, being Government property held in public trust and presently in use as a school playground and cannot be divested.

Compendium of facts

9. The centralized facts imperative for adjudication of the present case, are as follows:

i. That respondents in W.A.No.109 of 2025 (hereinafter referred to as “the donors”) were the original pattadars of land in Sy.Nos.858 to 861 of Mothkur Village.

ii. In the year 2005, at the instance of the local MLA and village elders, the donors voluntarily executed Form-C relinquishment deeds under Rule 16 of the Rules 1951, relinquishing an ex

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