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2025 DAILYLAW 38960 (KAR)

SRI. JAGADEESH v. THE SPECIAL LAND ACQUISITION OFFICER

WP/2434/2025 · 2025-08-23

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33228 WP No. 2434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2434 OF 2025 (KLR-LG) BETWEEN: SRI. JAGADEESH S/O LATE RAMEGOWDA AGED ABOUT 48 YEARS RESIDING AT DASANAKONANURU VILLAGE ALADAHALLI POST, MALLIPATNA HOBBLI, ARAKALAGUD TALUK HASSAN DISTRICT - 573 102. …PETITIONER (BY SMT. AKSHATA SHARMA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING HASANA - 573 201. 2. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASANA - 573 201. 3. THE DEPUTY COMMISSIONER HASANA DISTRICT, HASANA - 573 201. 4. THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION SAKALESHPUR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33228 WP No. 2434 of 2025 HASANA DISTRICT - 573 134. 5. THE TAHSILDHAR SAKALESHPURA TALUK, SAKALESHPURA HASANA DISTRICT - 573 127. 6. THE ASST. DIRECTOR OF LAND RECORDS HASANA DISTRICT HASANA - 573 201. 7. DEPUTY CONSERVATOR OF FOREST HASANA DIVISION, HASANA - 573 201. 8. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER NO.LND/HE.JA.YO(3)D.138/2005-06 DATED 09.06.2023 PASSED BY THE RESPONDENT NO.1 AT ANNEXURE K ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:33228 WP No. 2434 of 2025 2. It is the contention of the petitioner that he was granted an alternative land on the ground that he/his family members lost certain land for Hemavathi Reservoir Project. Subsequently, there was an enquiry initiated against such grantees on the ground that several persons have made false claims. This resulted in the impugned order being passed against the petitioner, wherein, land granted in favour of the petitioner has been cancelled. Same is challenged in the instant writ petition on the ground that no adequate opportunity of hearing was granted to the petitioner. In addition to taking up such contention, petitioner sought to produce certain documents and submits that said documents have not been considered by respondent No.1 while passing the impugned order and if an opportunity is given, petitioner would establish before respondent No.1 that the grant made in his favour is in accordance with law and he has not made any false claims as alleged. 3. Learned HCGP appearing for the respondents admits that adequate opportunity of hearing has not been granted to the petitioner and the records which are sought to - 4 - HC-KAR NC: 2025:KHC:33228 WP No. 2434 of 2025 be produced by the petitioner herein have not been considered while passing the impugned order. 4. On the ground that adequate opportunity of hearing has not been given to the petitioner, the writ petition is hereby allowed. The impugned order dated 09.06.2023 at Annexure-K is hereby set aside. The matter stands remitted back to respondent No.1. The petitioner shall appear before respondent No.1 on 18.09.2025 without further notice and submit his representation along with all necessary documents and respondent No.1 after considering the same shall pass appropriate orders in accordance with law as expeditiously as possible. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 7 CT: BHK