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2025 DAILYLAW 30514 (KAR)

SRI N K LAKSHMANAGOWDA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/20508/2024 · 2025-04-17

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16225 WP No. 20508 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. 20508 OF 2024 (KLR-LG) BETWEEN: SRI. N.K. LAKSHMANAGOWDA S/O SRI. KRISHNEGOWDA AGED ABOUT 73 YEARS RESIDING AT NALLULLI VILLAGE KASABA HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT PIN-573 134. …PETITIONER (BY SMT. AKSHATA SHARMA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING, HASANA-573 201. 2. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASANA-573 201. 3. THE DEPUTY COMMISSIONER HASANA DISTRICT, HASANA-573 201. 4. THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION SAKALESHPUR, HASANA DISTRICT-573 134. 5. THE TAHSILDHAR SAKALESHPURA TALUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16225 WP No. 20508 of 2024 SAKALESHPURA HASANA DISTRICT-573 134. 6. THE ASST. DIRECTOR OF LAND RECORDS HASANA DISTRICT HASANA-573 201. 7. THE DEPUTY CONSERVATOR OF FOREST HASANA DIVISION HASANA-573 201. 8. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER NO. LND/HE.JA.YO(D).263/2017-18 DATED 26.04.2022 PASSED BY THE R-1 AT ANNEXURE-A. 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 - 3 - NC: 2025:KHC:16225 WP No. 20508 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 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. - 4 - NC: 2025:KHC:16225 WP No. 20508 of 2024 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. 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.: 121.14