The Telangana High Court has ruled that land vested in the state and held in public trust cannot be reconveyed to private individuals, even if they were the original donors, when the land serves a public purpose. The court held that any such attempt would be arbitrary and violative of Articles 14, 21 and 21-A of the Constitution.
The ruling was delivered by a bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin while disposing of a public interest litigation filed by retired doctor Gurram Lakshminarasimha Reddy, along with a writ appeal by the state government.
The case arose from a November 2024 order of a single judge directing the Revenue department to reconvey four acres of land at Mothkur village in Yadadri Bhuvanagiri district to the original donors.
Setting aside that order, the bench directed the chief secretary, principal secretary (revenue), commissioner of Mothkur municipality and the district collector to immediately stop any attempt to reconvey or transfer the land to private parties. The authorities were also instructed to fence the land fully to prevent encroachment or unauthorised construction.
The court ordered that the land be used exclusively for public educational purposes, including the expansion of Kasturba Gandhi Balika Vidyalayas, with facilities such as hostels, school buildings and playgrounds.
The private claimants, Aginati Ravi Kumar and Ravoori Nikshmaiah, had argued that they donated six acres in 2005 to the District Sports Authority for a mini sports stadium that was never developed. While two acres were later used for a KGBV building, they sought reconveyance of the remaining four acres, citing non-utilisation.
Rejecting the claim, the bench held that once land is voluntarily donated and mutated in favour of the government, it vests absolutely with the state, leaving no residual rights with the donors.