Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16150 WP No. 11769 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. 11769 OF 2025 (KLR-LG) BETWEEN:
1.
KALINGAPPA S B S/O LATE BEERAIAH 61 YEARS, 2ND CROSS, KUSHALANAGARA, SAKLESHPUR, HASSAN DISTRICT …PETITIONER (BY SMT. A.R.SHARADAMBA., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, HASSAN DISTRICT, B.M. ROAD, HASSAN-573 201.
3.
THE SPECIAL LAND ACQUISION OFFICER, HEMAVATHI RESERVOIR PROJECT, D. C. OFFICE BUILDING, HASSAN 573 201.
4.
THE ASSISTANT COMMISSIONER, SAKALESHPURA SUB DIVISION, SAKALESHPURA HASSAN DISTRICT 573 134.
5.
THE TAHASILDAR, SAKALESHPURA TALUK, SAKALESHAPURA, HASSAN DISTRICT 573 134
6.
THE ASSISTANT DIRECTOR
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16150 WP No. 11769 of 2025
PF LAND RECORDS, HASSAN DISTRICT 573 201.
7.
THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN 573 201.
8.
THE INSPECTOR OF POLICE, CEN CRIME POLICE, DCRB DIVISION. HASSAN 573 201. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT AN INTERIM ORDER TO STAY THE OPERATION AND FURTHER PROCEEDINGS PURSUANT TO THE ANNX-A THE ORDER DTD.
30.04.2022 AT ANNX-A PASSED BY THE R-3 IN NO. L.N.D/HE.JA.YO.(DA)2674/2017-18.
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:16150 WP No. 11769 of 2025
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.
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.
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NC: 2025:KHC:16150 WP No. 11769 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.: 2 Sl No.: 3