LexTHE STATE OF TELANGANA & ORS. versus DR. PASUPULETI NIRMALA HANUMANTHA RAO CHARITABLE TRUST
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 7 S.C.R. 1 : 2025 INSC 679 The State of Telangana & Ors. v. Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust (Civil Appeal No. 5321 of 2025) 14 May 2025 [Dipankar Datta and Manmohan,* JJ.] Issue for Consideration i) Whether alienation of land by the District Collector, Medak, Government of Andhra Pradesh vide order dated 08.02.2001 was a sale or alienation/allotment; ii) whether any condition was imposed pursuant to the alienation of land by the Government of Andhra Pradesh; iii) whether any condition/restriction imposed by the State Government would be violative of s.10 of the Transfer of Property Act, 1882. Headnotes† Telangana Land Revenue Act – ss.25 and 172 – Telangana Alienation of State Lands and Land Revenue Rules 1975 – rr.5 and 6 – Transfer of Property Act, 1882 – s.10 – Whether alienation of land by the District Collector, Medak, Government of Andhra Pradesh vide order dated 08.02.2001 was a sale or alienation/allotment: Held: Alienation of land by appellant-state was not a sale but an allotment under a statutory scheme – The land in question is a Government land as per entries of record – Further, the respondent, being a charitable trust, had applied for allotment of land – A charitable trust can use land for charitable purposes only – The request of the Respondent-Trust was processed as per the instructions laid down in G.O.Ms. No.635 dated 02.07.1990 and the land in question was conditionally allotted by the District Collector, Medak, Government of Andhra Pradesh vide order dated 08.02.2001 – The alienation letter dated 08.02.2001 issued by the District Collector, Medak, which specifically records that sanction is accorded to alienation of Government land subject to payment of market value and subject to the three conditions – It was made clear that in case of deviation of the said three conditions, the land shall be resumed back by the Revenue authorities – Consequently, alienation of land by the District Collector, Medak, Government of * Author 2 [2025] 7 S.C.R. Supreme Court Reports Andhra Pradesh vide order dated 08.02.2001 was not a sale, but an allotment under a statutory Scheme. [Paras 15-18] Telangana Land Revenue Act – ss.25 and 172 – Telangana Alienation of State Lands and Land Revenue Rules 1975 – rr.5 and 6 – Transfer of Property Act, 1882 – s.10 – Whether any condition was imposed pursuant to the alienation of land by the Government of Andhra Pradesh: Held: The allotment of land was conditional to the respondent- Trust’s knowledge – The allotment was to be used for a charitable purpose only – Even in the respondent-Trust’s understanding, the allotment of land was conditional – In response to the appellant’s letter dated 23.11.2011, the respondent-Trust had specifically replied that there were no violations of the conditions laid down in the letter dated 08.02.2001 and the land was being utilized for the purpose for which it was allotted – It was also specifically averred in the writ petition filed by the respondent-Trust that as the appellant-State had offered the land as per G.O.Ms. No.635 dated 02.07.1990 subject to three conditions vide proceedings No.E3/7542/98 dated 08.02.2001, the respondent-Trust had followed the same ‘scrupulously’ – Consequently, the respondent-Trust’s argument that no specific purpose of allotment was specified is false to the respondent-Trust’s knowledge. [Paras 19, 20] Telangana Land Revenue Act – ss.25 and 172 – Telangana Alienation of State Lands and Land Revenue Rules 1975 – rr.5 and 6 – Transfer of Property Act, 1882 – s.10 – Whether the High Court fell in error in making out a case of sale: Held: High Court fell in error in making out a case of sale, ignoring the fact that the appellant-State had allotted land to the respondent- Trust under a statutory scheme of alienation/allotment. [Para 21] Telangana Land Revenue Act – ss.25 and 172 – Telangana Alienation of State Lands and Land Revenue Rules 1975 – rr.5 and 6 – Transfer of Property Act, 1882 – s.10 – Whether any condition/restriction imposed by the State Government would be violative of Section 10 of the Transfer of Property Act, 1882: Held: This Court is of the view that the appellant-State had allotted land to public trust for public purpose – In such a situation, the State cannot be put in the normal classical inter vivos party’s position as public interest is supreme and must prevail – This Court is also of the opinion that Ru
Excerpt shown. Read the full judgment & AI analysis in Lexace.