THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.12579 of 2002 ORDER: In this writ petition, the petitioner has questioned the proceedings of the A.P.Vaidya Vidhana Parishad, Hyderabad, 1st respondent herein issued in R.C.No.11434/E1/201-3, dated 21.01.2002, whereunder an extent of 150 square meters of land in the premises of the Primary Health Center, Kodada, Nalgonda District has been allotted to the 4th respondent by way of lease at the rate of Rs.2020/- per month. It is the grievance of the petitioner that his father has donated Ac.2.00 of land in Survey No.149 of Kodada Town for the purpose of construction of the Primary Health Center and as such, no part of the said land should be allotted for any other purpose than the purpose for which it was donated. A counter affidavit is filed on behalf of the 1st respondent. While denying the various allegations of the petitioner, it is stated that the father of the petitioner has donated an extent of Ac.2.00 of land in the year 1963 for the purpose of construction of Primary Health Center and executed a registered gift deed vide document No.269/1963. It is further stated that the purpose, for which the land was donated has been fulfilled by constructing a Primary Health Center, which was subsequently upgraded as Community Health Center. It is also stated that in view of the donation, the land vested in the Government and due to installation of base transmission station by the 4th respondent, there will not be any disturbance to the in-patients and out-patients and that by virtue of the lease of the said land in favour of the 4th respondent, the hospital will get further income of Rs.2020/- per month. Heard Sri P.Nageswara Rao, learned counsel for the petitioner, learned Government Pleader for Medical Health and Family Welfare and Sri V.L.N.Rammohan Rao, learned counsel for respondent No.4. Though it is the case of the petitioner that the land was donated for the purpose of construction of Primary Health Center, but from the averments in the counter affidavit, it is clear that the substantial portion of the land, which is donated, has already been utilized by construction of Primary Health Center, which was subsequently upgraded as Community Health Center. Merely because an appurtenant land admeasuring 150 square meters is leased for the purpose of installation of base transmission station, it cannot be said that the respondents have not utilized the land for the purpose for which the donation was made. More so, it is stated in the counter affidavit that such installation of base transmission station is not a disturbance to the in-patients and out- patients of the hospital and that by virtue of the said lease, the hospital is getting an income of Rs.2020/- per month, which can be utilized for its maintenance etc. For the foregoing reasons, the writ petition is dismissed as devoid of merits. There shall be no order as to costs. ______________________ (R.SUBHASH REDDY,J) Date: 26.11.2009 JSU THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.12579 of 2002 Date: 26.11.2009 JSU