- 1 - NC: 2025:KHC:7740 WP No. 31766 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31766 OF 2024 (KLR-LG) BETWEEN: SRI. ERAPPA S/O LATE SANNAPPA, AGED ABOUT 52 YEARS, RESIDENT OF HONNAVALLI VILLAGE, KUNDURU HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 218. …PETITIONER (BY SRI. GIRISHA H.M, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. 3. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, DC OFFICE BUILDING HASSAN - 573 201. 4. THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7740 WP No. 31766 of 2024 HASSAN DISTRICT - 573 134. 5. THE TAHSILDAR SAKALESHPUR TALUK, HASSAN DISTRICT - 573 134. 6. THE ASST. DIRECTOR OF LAND RECORDS SAKALESHPUR TALUK, HASSAN DISTRICT - 573 134. 7. THE DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, HASSAN - 570 201. 8. THE INSPECTOR OF POLICE, CEN CRIME POLICE, DCRB DIVISION, HASSAN - 573 201. …RESPONDENTS (BY SRI. MANJUNATHA K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO. LND/HRP(D).824/17-18 DATED 30.03.2022 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN/ R-3 CANCELLING THE GRANT MADE IN FAVOUR OF THE PETITIONER IN RESPECT OF SCHEDULE PROPERTY WHICH IS PRODUCED AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7740 WP No. 31766 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In this petition, the petitioner alleged that a cyclostyle order is passed and consequently, the grant made in favour of the petitioner is cancelled on the ground that the grant was obtained fraudulently. 2. This matter is extensively heard. Learned counsel appearing for the petitioner, learned AGA and learned HCGP have extensively addressed their arguments today. 3. Learned AGA has placed on record the FSL report to substantiate and justify that the order passed by respondent No.3-SLAO is fraud. 4. Upon a detailed examination of the Forensic Science Laboratory (FSL) report, this Court finds substantial reason to believe that the impugned order, evidenced at Annexure-A, warrants being set aside. It is evident that the cancellation of the grant was undertaken - 4 - NC: 2025:KHC:7740 WP No. 31766 of 2024 unilaterally by Respondent No.3 – Special Land Acquisition Officer (SLAO) without providing the petitioner an opportunity to present his case or counter the allegations of fraud. 5. In light of the FSL report submitted by the State, and considering the seriousness of the allegations against the petitioner, who is a beneficiary under the said grant, this Court is of the opinion that due process must be followed. The petitioner should be granted a fair opportunity to contest the allegations and submit relevant documentation to demonstrate that the grant has been implemented in accordance with the prescribed guidelines under the Hemavathi Reservoir Project scheme. 6. This Court is of the firm view that the impugned order fails to adhere to the principles of natural justice. Therefore, the challenged order must be set aside, and the matter requires reconsideration by Respondent No.3 – SLAO. - 5 - NC: 2025:KHC:7740 WP No. 31766 of 2024 7. For the forgoing reasons, this court passes following; order i. The writ petition is hereby allowed. ii. The order dated 30.03.2022 passed by Respondent No.3 – SLAO, as evidenced at Annexure-A, is quashed and set aside. iii. The case is remitted to Respondent No.3 – SLAO for a fresh enquiry. Before initiating the enquiry, the respondent shall furnish the petitioner with all relevant materials required for him to substantiate his case. iv. The learned Additional Government Advocate (AGA) is directed to provide the petitioner with a copy of the FSL report. v. Respondent No.3 – SLAO shall refrain from taking any adverse or precipitate action against - 6 - NC: 2025:KHC:7740 WP No. 31766 of 2024 the petitioner until the fresh enquiry is completed. vi. The enquiry shall be conducted in adherence to the principles of natural justice, providing the petitioner with a reasonable opportunity to present his defense. The enquiry must be concluded within one year from the date the petitioner receives a copy of this order. vii. All other contentions of both parties are left open for consideration in accordance with the law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 2 Sl No.: 0 CT: BHK