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2025 DAILYLAW 39642 (KAR)

SRI.B.GOVIND v. THE SPECIAL LAND ACQUISITION OFFICER

WP/4774/2022 · 2025-12-11

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52847 WP No. 4774 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4774 OF 2022 (LA-RES) BETWEEN: 1. SRI B. GOVIND S/O LATE BORE GOWDA, AGED 72 YEARS, 2. SRI B.S. RAJE GOWDA S/O B.S. SANNATHAMME GOWDA, AGED 66 YEARS, 3. SRI B.D. PUTTARAMA S/O LATE URIGOWDA, AGED 58 YEARS, 4. SRI DINESHA S/O. GOVINDE GOWDA, AGED ABOUT 48 YEARS, 5. SMT. THAHERA W/O JAIMULLA AGED 52 YEARS, ALL ARE RESIDING AT BIDARAKKA VILLAGE, HALLI MYSORE HOBLI, HOLENARSIPURA TALUK, HASSAN DISTRICT-573201. …PETITIONERS (BY SRI RAJARAMA S., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52847 WP No. 4774 of 2022 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI IRRIGATION PROJECT-II OFFICE OF DEPUTY COMMISSIONER’S OFFICE BUILDING, HASSAN, HASSAN DISTRICT-573116. 2. KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE, BANGALORE-560001 REPRESENTED BY ITS MANAGING DIRECTOR. 3. REGIONAL COMMISSIONER HIGH POWER COMMITTEE, HUNSUR ROAD, MYSORE-570001. REPRESENTED BY ITS PRESIDENT. 4. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONER OFFICE BUILDING HASSAN-573116. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1, R-3 & R-4; SRI K.S. BHEEMAIAH, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.05.2020 AND 10.01.2020 PASSED BY THE RESPONDENTS VIDE ANNEXURES-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52847 WP No. 4774 of 2022 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners submits that similarly placed land owners of Tevadahalli Village had approached this Court in the case of Sri T.S. Devaraj and others Vs. State of Karnataka and others1 (T.S. Devaraj), wherein this Court allowed the writ petition and quashed the impugned orders. It is submitted that the petitioners herein are identically placed and their grievance is squarely covered by the said decision. 2. Learned counsel for the respondents fairly does not dispute that this Court, in T.S. Devaraj, has allowed the writ petition and quashed the impugned order and directed the respondents to reconsider the petitioners’ representation, therein strictly in accordance with law. 3. Having regard to the undisputed position that the present petitioners stand on the same footing as the 1 W.P. No.2830/2022 D.D. 25.11.2025 - 4 - HC-KAR NC: 2025:KHC:52847 WP No. 4774 of 2022 petitioners in T.S. Devaraj’s case, this Court finds that the present writ petition also deserves to be disposed in similar terms. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 22.05.2020 (Annexure- A) and also proceedings conducted by the High Power Committee dated 10.01.2020 (Annexure-B) are hereby quashed. iii. The decisions of the High Power Committee constituted in 2019-2020 is without any judicial mandate, and its conclusion cannot override the earlier reports, Section 4(1) notification issued by the SLAO and the earlier decision of this Court. iv. The respondents are directed to reconsider the petitioners’ representation strictly in accordance with the earlier three Committee dated *20.11.2010, 28.12.2010 and 27.02.2006, the Section 4(1) notification and the earlier directions *Corrected vide Court order dated 09.01.2026. - 5 - HC-KAR NC: 2025:KHC:52847 WP No. 4774 of 2022 of this Court in *W.P.Nos.29604-608/2018 & 29693-727/2018 and W.A.No.1769/2012 and connected matters and without considering the High Power Committee proceedings or order dated *10.01.2020. v. The entire exercise shall be completed within six months from the date of receipt of this order. vi. Since the earlier reports disclose the petitioners houses are seepage affected, the respondents shall initiate rehabilitation and compensation in accordance with law, without constituting any fresh committee. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 41 *Corrected vide Court order dated 09.01.2026.