Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16237 WP No. 7596 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. 7596 OF 2025 (KLR-LG)
BETWEEN:
SRI K.T. SOME GOWDA AGED ABOUT 62 YEARS S/O THIMME GOWDA KALLAHALLI VILLAGE, KATTAYA HOBLI HASSAN TALUK - 562 123.
HASSAN DISTRICT. …PETITIONER
(BY SRI. SHANTAKUMAR .K.C, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201.
3.
THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA - 573 134.
4.
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PLAN DEPUTY COMMISSIONER, HASSAN-573 201.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16237 WP No. 7596 of 2025
5.
THE POLICE INSPECTOR D.C.R.B. DIVISION - 573 201.
HASSAN TALUK AND DISTRICT. …RESPONDENTS
(BY SRI. K. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DATED 29.08.2022 IN NO. LND/HE.JA.YO(D)172/17-18 PASSED BY THE R-4 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.
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.
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NC: 2025:KHC:16237 WP No. 7596 of 2025
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 his possession to establish his 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.
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NC: 2025:KHC:16237 WP No. 7596 of 2025
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.: 121.52