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2025 DAILYLAW 33569 (KAR)

SMT. JANAKAMMA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/27362/2024 · 2025-04-17

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16230 WP No. 27362 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. 27362 OF 2024 (KLR-LG) BETWEEN: SMT. JANAKAMMA W/O VASANTHA GOWDA AGED ABOUT 55 YEARS RESIDING AT HENNALI VILLAGE NIDIGERE POST, YESLUR HOBLI SAKLESHPUR TALUK HASSAN DISTRICT – 573134. …PETITIONER (BY SMT. AKSHATA SHARMA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDINNG 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. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16230 WP No. 27362 of 2024 5. THE TAHSILDHAR SAKALESHPURA TALUK SAKALESHPURA HASANA DISTRICT – 573134. 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 – 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). 174/14-15 DATED 25.08.2022 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:16230 WP No. 27362 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. - 4 - NC: 2025:KHC:16230 WP No. 27362 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.: 121.23