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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Gurram Lakshminarsimha Reddy – Appellant
Versus
State Of Telangana, Rep. By Its Chief Secretary To Government, Municipal Administration And Urban Development Department – Respondent
| 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 u
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.
A donor has the right to reclaim land if it is not used for the specific purpose for which it was gifted.
Once possession of the acquired land is taken, the government cannot ordinarily re-convey it to the original owner. The decision of re-conveyance is required to be made by the competent authority and....
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.
Once land is validly acquired, it vests in the State, and the original owner loses all rights over the property, including any claim for restitution, regardless of subsequent non-utilization.
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