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2025 DAILYLAW 35309 (KAR)

H S ABDUL HAFEEZ SAYEED v. THE STATE OF KARNATAKA

WP/28079/2023 · 2025-04-17

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16215 WP No. 28079 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. 28079 OF 2023 (KLR-LG) BETWEEN: 1. 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 REP BY PRINCIPAL SECRETARY DEPARTMENT OF LAND REVENUE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE COMMISSIONER FOR REHABILITATION AND SETTLEMENT AND EX OFFICIO SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560001. 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573201. 4. THE SPECIAL LAND ACQUSITION OFFICER HEMAVATHY RESERVOIR PROJECT, AND REHABILATION, D C OFFICE BLDG, HASSAN - 573201. 5. THE POLICE INSPECTOR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16215 WP No. 28079 of 2023 D C R B DIVSION, HASSAN (CEN CRIME POLICE) HASSAN -573201. 6. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN - 573201. 7. THE TAHSILDAR HASSAN TALUK, HASSAN DISTRICT - 573201. 8. THE ASST DIRECTOR OF LAND RECORDS HASSAN DISTRICT. HASSAN - 573201. 9. EEREGOWDA S/O LATE DYAVEGOWDA, MANDIRA VILLAGE, KUNDUR HOBLI, ALUR TALUK, HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-8; R-9 IS SERVED AND UNREPRESENTED) 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) 23/2012-13, DATED 01/06/2023, WHICH IS PRODUCED HEREWITH AS ANNEXURE-L, PASSED BY THE R4 HEREIN, 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 - 3 - NC: 2025:KHC:16215 WP No. 28079 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. 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. - 4 - NC: 2025:KHC:16215 WP No. 28079 of 2023 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. 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. 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. 10. 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 - 5 - NC: 2025:KHC:16215 WP No. 28079 of 2023 documents in their possession to establish their claims. 11. 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.: 121.4