Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 33107 (KAR)

SMT BHAVANI K v. STATE OF KARANTAKA

WP/25891/2024 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16227 WP No. 25891 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. 25891 OF 2024 (KLR-LG) BETWEEN: 1. SMT BHAVANI K W/O JAGADISHA, AGED ABOUT 45 YEARS, R/AT GONIKOPPALU VILLAGE, VIRAJPETE TALUK, HASSAN DISTRICT-571213. …PETITIONER (BY SRI. PAVAN T G., ADVOCATE) AND: 1. STATE OF KARANTAKA REPRESENTED BY DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560001 REP BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT-573201 3. THE TAHASILDAR SAKALESHPUR, SAKALESHPUR TALUK, HASSAN DISTRICT-573134 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT, D C OFFICE, HASSAN-573201 5. THE ASSISTANT COMMISSIONER SAKALESHAPURA, HASSAN DISTRICT-573134 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16227 WP No. 25891 of 2024 6. POLICE INSPECTOR DCRB DIVISION (CEN) CRIME POLICE, HASSAN DISTRICT-573201 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN-573201 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER NO. L.N.D/HEJAYO(DA) 98/2016-17 DATED 25.08.2022 PASSED BY THE R-4 PRODUCED AS ANNEXURE-G ALLOW THE WRIT PETITION, ETC. 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. 2. It is the case of the petitioner that adequate opportunity was not afforded to her to produce all - 3 - NC: 2025:KHC:16227 WP No. 25891 of 2024 the documents that were in the possession of the petitioner in support of the grant made in her 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 her possession to establish her 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 her 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:16227 WP No. 25891 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.: 121.19