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2025 DAILYLAW 26860 (KAR)

SMT. DEVAMMA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/16548/2024 · 2025-04-17

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16223 WP No. 16548 of 2024 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. 16548 OF 2024 (KLR-LG) BETWEEN: 1. SMT. DEVAMMA W/O JAYANNA AGED ABOUT 69 YEARS RESIDING AT BAGADALU VILLAGE, ALADAHALLI POST, MALLIPATNA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT …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 HASANA DISTRICT 573127. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16223 WP No. 16548 of 2024 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(3)D.139/2005-06 DATED 08.06.2023 PASSED BY THE RESPONDENT NO.1 AT ANNEXURE A, ETC. 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. - 3 - NC: 2025:KHC:16223 WP No. 16548 of 2024 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. It is also the case of the petitioner that the order has been passed against a person who was no more and therefore, the order is a nullity. 4. A perusal of the order would indicate that the claim of the petitioner was not considered since the relevant documents were not produced. 5. 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. 6. The petitioner shall file all the documents in her possession to establish her claim that the grant of land was valid and genuine. - 4 - NC: 2025:KHC:16223 WP No. 16548 of 2024 7. The petitioner shall also be permitted to file a representation or a petition in support of her claim. 8. The writ petition is accordingly allowed. 9. 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. 10. 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.: 121.11