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2025 DAILYLAW 26901 (KAR)

SRI. PRAKASH v. THE SPECIAL LAND ACQUISITION OFFICER

WP/16277/2024 · 2025-04-17

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16220 WP No. 16277 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. 16277 OF 2024 (KLR-LG) BETWEEN: 1. SRI. PRAKASH S/O LATE NANJEGOWDA AGED ABOUT 49 YEARS RESIDING AT BANADAHALLI VILLAGE KARAGADA POST, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573127 …PETITIONER (BY SMT. AKSHATA SHARMA., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING, HASSAN – 573201. 2. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASSAN – 573201. 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN – 573201. 4. THE ASSISTANT COMMISSIONER SAKALESHPUR SUB DIVISION, SAKALESHPUR, HASSAN DISTRICT – 573134. 5. THE TAHSILDHAR SAKALESHPURA TALUK, SAKALESHPURA HASSAN DISTRICT – 573127 6. THE ASSISTANT DIRECOTR OF LAND RECORDS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16220 WP No. 16277 of 2024 HASSAN DISTRICT, HASSAN - 573201. 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN – 573201. 8. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S 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/YO.BHU.MA(D) 37/2011-12 DTD 05.06.2023 PASSED BY THE R-1 AT ANNX-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 - 3 - NC: 2025:KHC:16220 WP No. 16277 of 2024 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. 8. Since the parties are represented by their counsel, they are directed to appear before the SLAO on - 4 - NC: 2025:KHC:16220 WP No. 16277 of 2024 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.: 121.8