- 1 - NC: 2025:KHC:16214 WP No. 27941 of 2023 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. 27941 OF 2023 (KLR-LG) BETWEEN: H.S. ABDUL HAFEEZ SAYEED AGED ABOUT 68 YEARS HOUSE NO. 6410/B, AL-HABEEB SHANKAR MATT ROAD, K.R. PURAM HASSAN. …PETITIONER (BY SMT. KAVITHA .H.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE M S BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE COMMISSIONER FOR REHABILITATION AND SETTLEMENT AND EX OFFICIO SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201. 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHY RESERVOIR PROJECT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16214 WP No. 27941 of 2023 AND REHABILITATION D.C. OFFICE BLDG HASSAN-573 201. 5. THE POLICE INSPECTOR D.C.R.B. DIVISION, HASSAN (CEN CRIME POLICE) HASSAN-573 201. 6. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION HASSAN-573 201. 7. THE TAHSILDAR HASSAN TALUK, HASSAN DISTRICT-573 201. 8. THE ASST DIRECTOR OF LAND RECORDS HASSAN DISTRICT HASSAN-573 201. 9. SRI. CHANNABASAPPA S/O EREGOWDA MERVE VILLAGE, KURDUR HOBLI ALUR TALUK, HASSAN DISTRICT. 10. SMT. JAYAMMA W/O LATE CHANNABASAPPA GOWDA @ CHANNABASAPPA AGED ABOUT 53 YEARS 11. SMT. RATHI D/O LATE CHANNABASAPPA GOWDA @ CHANNABASAPPA AGED ABOUT 53 YEARS 12. SRI. PREMAKUMARA M.C. S/O LATE CHANNABASAPPA GOWDA @ CHANNABASAPPA AGED ABOUT 49 YEARS R10, R11 AND R12 ARE - 3 - NC: 2025:KHC:16214 WP No. 27941 of 2023 R/AT MERVE VILLAGE KUNDURU HOBLI ALUR TALUK HASSAN DISTRICT-573 201. 13. C. MAHESH S/O LATE CHANNABASAPPA R/O BANAVASI VILLAGE BELAGODU HOBLI BALLAPETE HOBLI SAKALESHPUR TALUK HASSAN DISTRICT. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP FOR R1 TO R8; R9 IS SERVED AND UNREPRESENTED; SRI. H.J. ANAND, ADVOCATE FOR R10 TO R12; SMT. NIRMALA JAYRAM, ADVOCATE FOR R13) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED BEARING NO. LND/HE. JAY. YO (DAA) 27/2012- 13 DATED 14/06/2023, WHICH IS PRODUCED HEREWITH AS ANNEXURE-J, PASSED BY THE R4 HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:16214 WP No. 27941 of 2023 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 the documents that were in the possession of the petitioner in support of the grant made in his 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 - NC: 2025:KHC:16214 WP No. 27941 of 2023 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. 6. The petitioner shall file all the documents in his possession to establish his 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 his 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. It would be open for the petitioner to make application to summon the original file in which some of the documents were sought for by the SLAO if they are in possession of the granting authority. - 6 - NC: 2025:KHC:16214 WP No. 27941 of 2023 11. It may also be open for the original owners, who are contending that the property was not sold, to also participate in the inquiry and produce all the documents in their possession to establish their claims. 12. 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.: 121.3