SMT. I. M. PANKAJA v. THE SPECIAL LAND ACQUISITION OFFICER
WP/16462/2024 · 2025-04-17
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26905 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26905 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16222 WP No. 16462 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. 16462 OF 2024 (KLR-LG) BETWEEN:
1.
SMT. I. M. PANKAJA W/O LATE THAMMEGOWDA AGED ABOUT 44 YEARS RESIDING AT HULIKERE VILLAGE, GONISOMANAHALLI POST, HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT - 573121 …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 BELUR TALUK BELUR HASSAN DISTRICT - 573115
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16222 WP No. 16462 of 2024
6.
THE ASSITANT DIRECTOR OF LAND RECORDS 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/YA.BHU.MA.
(D) 182/15-16 DATED 26.8.2022 PASSED BY THE R1 AT ANNEXURE-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
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NC: 2025:KHC:16222 WP No. 16462 of 2024
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 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.
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NC: 2025:KHC:16222 WP No. 16462 of 2024
6. The petitioner shall file all the documents in her possession to establish her claim that the grant of land was valid and genuine.
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.: 121.10