- 1 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 30185 OF 2024 (KLR-LG) BETWEEN: 1. SMT. B. L. GIRIJAMMA D/O LINGEGOWDA, AGED ABOUT 74 YEARS RESIDING AT BENNUR VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573127 …PETITIONER (BY SMT. AKSHATA SHARMA., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING HASANA - 573201 2. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION, HASANA - 573201 3. THE DEPUTY COMMISSIONER HASANA DISTRICT HASANA - 573201 4. THE ASST. COMMISSIONER SAKALESHPUR SUB DIVISION Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 SAKALESHPUR HASANA DISTRICT - 573134 5. THE TAHSILDHAR SAKALESHPURA TALUK SAKALESHPURA HASANA DISTRICT - 573127 6. THE ASST. DIRECTOR OF LAND RECORDS HASANA DISTRICT HASANA - 573201 7. THE DEPUTY CONSERVATOR OF FOREST HASANA DIVISION HASANA - 573201 8. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560001 …RESPONDENTS (BY SRI.MOHAMMED JAFFER SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH THE IMPUGNED ORDER NO.LND/YA.BHU.MA (D): 28/14-15 DTD 25.08.2022 PASSED BY THE RESPONDENT NO.1 AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA takes notice for all the respondents. 2. The petitioner is aggrieved of the impugned order dated 25.08.2022 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.LND/Ya.Bhu.Ma (D): 28/14-15. 3. The petitioner claims to be the legal representative of Sri Lingegowda, who lost his lands due to submergence of his lands under water on the construction of Hemavati Reservoir Project. In terms of the scheme proposed by the State Government, a person who lost land on account of submergence for the project, would not only be entitled for compensation but also entitled for grant of alternative lands to ensure that the livelihood of such agriculturists are not lost. Accordingly, 4 acres of land in Block No.2 of Sy.No.15 of Harohalli Village, Madihalli Hobli, Beluru Taluk was granted. However, several irregularities were found in the matter of allotment of alternative lands. Action was directed by the State Government having regard to such irregularities. The Special - 4 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 Land Acquisition Officer (for short ‘SLAO’) has passed the impugned order in respect of the petitioner cancelling the grant. 4. Having regard to the ground on which the impugned order has been passed, it is clear that the SLAO has cancelled the grant on one of the following grounds : a) Grant was made to a person who had not lost any land in submergence; b) Bogus grant order has been created, although no such grant order was passed; c) Dual grant orders have been passed on the basis of one award passed by the SLAO; d) Such dual grant orders and fictitious grant orders have been passed during the tenure of Sri V.Srinivas Gowda or Sri B.A.Jagadeesh who were the then Special Land Acquisition Officers; e) Land granted is a forest land and not revenue lands and therefore it could not have been granted. 5. The factual information and the ground on which the impugned order of cancellation has been passed by the SLAO is identifiable as one of the grounds noticed hereinabove. Therefore, all other observations made in the impugned order - 5 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 are hereby set aside as not specifically applicable to the petitioner. It is also a fact that the impugned order of cancellation was passed without hearing the grantee and therefore, on the ground of denial of principles of natural justice alone, the impugned order of cancellation is required to be set aside. 6. Consequently, this Court proceeds to pass the following: ORDER i) Writ petition is allowed in part. ii) The impugned order dated 25.08.2022 in case No.LND/Ya.Bhu.Ma (D): 28/14-15 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure ‘A’, is hereby quashed and set aside. iii) The matter stands remanded back to the SLAO to reconsider the matter afresh after affording an opportunity of hearing to the petitioner. The petitioner is permitted to submit any material to defend the order of grant. iv) Insofar as the cancellation orders passed on the ground that the land in question is a forest land - 6 - HC-KAR NC: 2025:KHC:32653 WP No. 30185 of 2024 and not revenue land and therefore, it could not have been granted, the SLAO is required to reconsider the matter after securing the opinion from the forest department as well as the Revenue department. If ultimately it is found that the land is a forest land, then alternative lands shall be granted to the petitioner. v) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE VM List No.: 1 Sl No.: 11