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2025 DAILYLAW 15545 (KAR)

SRI MALLESH v. THE STATE OF KARNATAKA

WP/2959/2025 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16212 WP No. 2959 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. 2959 OF 2025 (KLR-LG) BETWEEN: SRI. MALLESH S/O LATE BASAVAIAH AGED ABOUT 55 YEARS R/AT HOSAGADDE VILLAGE BELAGODU HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT-573 214. …PETITIONER (BY SRI. SHIVASHANKARA .Y.D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201. 3. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING, HASSAN-573 201. 4. THE ASSISTANT COMMISSIONER SAKALESHPUR SUB DIVISION HASSAN DISTRICT-573 134. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16212 WP No. 2959 of 2025 5. THE TAHSILDHAR ALUR TALUK HASSAN DISTRICT-573 213. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS ALUR TALUK, HASSAN DISTRICT-573 213. 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION HASSAN DISTRICT-573 201. 8. THE INSPECTOR OF POLICE CEN CRIME POLICE DCRB DIVISION HASSAN DISTRICT-573 201. …RESPONDENTS (BY SRI. K.MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-3 IN L.N.D/HE.JA.YO(DA). 129/2013-14 DATED 25.08.2022 VIDE ANNEXURE-H IN RESPECT OF SY.NO. 82, BLOCK NO. 4 MEASURING 4.00 ACRES, SITUATED AT HOSAGADDE VILLAGE, BELAGODU HOBLI, SAKALESHPURA TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:16212 WP No. 2959 of 2025 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. 2. It is the case of the petitioner that adequate opportunity was not afforded to him to produce all the documents that were in the possession of the petitioner in support of the grant made in his 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. - 4 - NC: 2025:KHC:16212 WP No. 2959 of 2025 5. The petitioner shall file all the documents in his possession to establish their 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 his claim. 7. The writ petition is accordingly allowed. 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