SMT. DYAVAMMA v. THE SPECIAL LAND ACQUISITION OFFICER
WP/2708/2025 · 2025-04-17
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14660 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14660 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16233 WP No. 2708 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2708 OF 2025 (KLR-LG) BETWEEN:
1.
SMT. DYAVAMMA W/O LATE SRI. MALALIGOWDA AGED 81 YEARS RESIDING AT GOWRIKOPPALU VILLAGE, ANKANAYAKANAHALLI POST, KASABA HOBLI, ARAKALAGUDU TALUK, HASSAN 573120 …PETITIONER (BY SMT. AKSHATA SHARMA., ADVOCATE)
AND:
1.
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING HASANA 573201
2.
THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASANA 573201
3.
THE DEPUTY COMMISSIONER HASANA DISTRICT HASANA 573201
4.
THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION SAKALESHPUR, HASANA DISTRICT 573134.
5.
THE TAHSILDHAR SAKALESHPURA TALUK, SAKALESHPURA
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16233 WP No. 2708 of 2025
HASANA DISTRICT 573127
6.
THE ASST. DIRECTOR OF LAND RECORDS HASANA DISTRICT HASANA 573201
7.
THE DEPUTY CONSERVATOR OF FOREST HASANA DIVISION HASANA 573201
8.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDING BENGALURU 560001 …RESPONDENTS (BY SRI. K.MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER NO. LND / HE.JA.YO (D) 156/2005-06 DATED 09.06.2023 PASSED BY THE RESPONDENT NO. 1 AT ANNEXURE K, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. This writ petition is filed challenging the order of cancellation of grant passed by the Special Land Acquisition Officer (“SLAO”). The SLAO has come to the conclusion that the petitioner was not entitled for the grant and hence, the same was required to be set aside.
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NC: 2025:KHC:16233 WP No. 2708 of 2025
2. It is the case of the petitioner that adequate opportunity was not afforded to her to produce all the documents that were in the possession of the petitioner in support of the grant made in her favour.
3. A perusal of the order would indicate that the claim of the petitioner was not considered since the relevant documents were not produced.
4. In this view of the matter, in my view, the impugned
order cannot be sustained and therefore the same is quashed and the matter is remitted to the SLAO for fresh consideration.
5. The petitioner shall file all the documents in her possession to establish her claim that the grant of land was valid and genuine.
6. The petitioner shall also be permitted to file a representation or a petition in support of her claim.
7. The writ petition is accordingly allowed.
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NC: 2025:KHC:16233 WP No. 2708 of 2025
8. Since the parties are represented by their counsel, they are directed to appear before the SLAO on 19.05.2025 without expecting any further notice from the SLAO.
9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 1 Sl No.: 121.44