DEVINDER GUFf A, C.J. - (1.) This writ petition is filed in public interest questioning the action of respondents in allotting land to the extent of 1975 square metres to the Commissioner of Backward Classes Welfare for construction of B.CBhavan. Grievance of the petitioner is that by Document No.788 of 1356 Fasli, Nawab Nizamath Jung Bahadur of Hyderabad gifted the land to the Department of Medicine, Government of Andhra Pradesh for the purpose of construction of Unani Hospital. It is the submission of the petitioner that purpose should be achieved by respondents in fulfilling the will and desire of the donor of establishing Unani Hospital and not to be used for any other purpose.
(2.) We have heard the learned Counsel for the parties and also gone through the reply filed by Smt. P.Leela, Mandal Revenue Officer, Nampally Mandal, Hyderabad District.
(3.) No doubt, as per the gift deed executed on 12-7-1356 Fasli, gift of the land was made in favour of the Government through the Department of Medicine for the purpose of construction of Unani Hospital. But, the donor nowhere recited either to resume the land in case it is not utilized for "the said purpose or putting any restriction on the donee that it cannot be used or utilized for any other purpose. As per the affidavit in reply and even as per the version of the petitioner, there has been long drawn litigation with the encroachers. The total extent of land was 3250 sq.yards equivalent to 2728 sq.mtrs. situated at Narayanaguda Hyderabad. Since the Government did n propose to construct Unani Hospital on tl land, a request was made by one Dr G.SMelkote that land may be conveyed him in consideration of his paying Rs.24,00/ - to the Relief Committee. The consent of the donor was obtained and lease was granted to Dr. G.SMelkote of the land for a period of 15 years. Land was hands over to Dr.G.SMelkote in the year 195 The lessee did not utilize the land for tl purpose for which it was taken by him c lease. After dismissal of C.C.C.A. No.2 of 1983 on 15-11-2002, Government decided to alienate a part of the land for the purpose of construction of B.C. Bhavan. Remaining land to an extent of 425 sq.mtrs was allotted for Urban Health Post (Unani). Affidavit reply says that besides earmarking 425 sq.mtrs for construction of Unani Hospital the remaining extent of leftover land can also be utilized for the purpose of Una Hospital.;