L. NANDA KUMAR REDDY Vs. STATE

JUDGEMENT

(1.) The present writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The brief facts of the case are that the petitioner's uncle is the owner of a huge extent of land in Anantapur District. He, along with his family members, surrendered about Ac.600 of land under the Agricultural Land Ceiling Act to the Government. In respect of an extent of Ac.14-57 cents of land (Ac.10-00 cents in Sy. No.518, Ac.3-53 cents in Sy. No.520 A3 and Ac.1-04 cents in Sy. No.520C) situated in Kanekal Village and Mandal, Anantapur District, Andhra Pradesh, owned by him, he being a Member of the Legislative Assembly and a public-spirited person and with a view to ensure that the Tungabhadra Project is completed at a swift pace to avoid any delays in land acquisition proceedings, he offered to handover, free of cost, the aforesaid Ac.14-57 cents of land to the Tungabhadra Project High-Level Canal Division (TBPHLC Division) for construction of temporary and semi-permanent offices and residential buildings, petrol/diesel bunk, inspection bungalow, etc., on the condition that the aforesaid lands should be returned after the completion of the Project. Then, the Irrigation Department agreed to the said understanding, in the year 1967, then Sri L. Chinnappa Reddy handed over the said extent of Ac.14-57 cents to the 4th respondent. In fact, in accordance with the said understanding, an extent of Ac.5-59 cents (Ac.4-60 cents in Sy. No.518, Ac.1-04 cents in Sy. No.520 A3 and Ac.0-95 cents in Sy. No.520 C) from out of the aforesaid total extent of Ac.14-57 cents was returned to L. Chinnappa Reddy, in the year 1978.

(3.) As the matter stood thus, L. Chinnappa Reddy and his wife, L. Syamalamma executed a Will dtd. 14/11/1980, registered as Document No.35 of 1980. As per the said Will, life interest over all the properties including the aforesaid Ac.14-57 cents of land was created in favour of L. Syamalamma, and the reminder was bequeathed in favour of the petitioner. As L. Chinnappa Reddy and his wife L. Syamalamma died in the years 1981 and 2015, respectively by virtue of the aforesaid will, the petitioner became the absolute owner of the aforesaid land apart from other properties as per the will. Though the project work was completed long back, the balance extent of Ac.9-98 cents was not handed over as promised. Therefore, the petitioner, along with L. Syamalamma submitted a representation dtd. 23/2/2013 to the 4th respondent seeking redelivery/return of Ac.8-98 cents of land (Ac.6-40 cents in Sy. No.518B and Ac.2-58 cents in Sy. No.520A1).