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2025 DAILYLAW 36985 (KAR)

SRI NATARAJA M B v. STATE BY

WP/36413/2024 · 2025-04-29

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:17878 WP No. 36413 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36413 OF 2024 (KLR-LG) BETWEEN: SRI. NATARAJA .M.B S/O BASAVEGOWDA AGED ABOUT 41 YEARS R/AT KYATHANAHALLI VILLAGE KUNDURU HOBLI, ALURU TALUK HASSAN DISTRICT-573213. REPRESENTED BY HIS GPA HOLDER SRI.R.P.LAXMAN S/O.H.S.PARAMESHWARAGOWDA AGED ABOUT 77 YEARS R/AT APPASHETTAHALLI VILLAGE SHANIVARASANTHE HOBLI SOMWARAPETE TALUK, KODAGU DISTRICT PIN CODE: 571235. …PETITIONER (BY SRI. SANCHAN JAI NANDAN, ADVOCATE) AND: 1. STATE BY REVENUE DEPARTMENT REP BY PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT OFFICE OF SPECIAL LAND ACQUISITION OFFICER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17878 WP No. 36413 of 2024 DEPUTY COMMISSIONER'S OFFICE HASSAN-573201. 3. POLICE INSPECTOR D.C.R.B DIVISION, HASSAN (C.E.N CRIME POLICE, HASSAN) REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 4. THE ASSISTANT COMMISSIONER SAKLESHPURA SUBDIVISION HASSAN DISTRICT PIN CODE - 573134. 5. THE TEHSILDAR SAKLESHPURA TALUK HASSAN DISTRICT PIN CODE – 573134. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD. 25.08.2022 IN NO. L.N.D/HE.JA.YO(DA).190/17- 18 ISSUED BY R-2 PRODUCED AT ANNEXURE-A BY WHICH THE R-2 HAS CANCELLED THE OFFICIAL MEMORANDUM O.M.NO:HE.JA.YO(DA).190/17-18 DATED 23.03.2018 PRODUCED AT ANNEXURE-D WITH RESPECT TO PETITIONER’S LAND MEASURING 3 ACRES 25 GUNTAS SITUATED AT SY.NO.44, BLOCK NO.2, HOSURU VILLAGE, YASALURU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT. - 3 - NC: 2025:KHC:17878 WP No. 36413 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, 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 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 - 4 - NC: 2025:KHC:17878 WP No. 36413 of 2024 quashed and the matter is remitted to the SLAO for fresh consideration. 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 - 5 - NC: 2025:KHC:17878 WP No. 36413 of 2024 participate in the inquiry and produce all the 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 HNM List No.: 1 Sl No.: 118