- 1 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12471 OF 2025 (KLR-LG) BETWEEN: LINGARAJU M N S/O LATE. SRI NANJAPPA AGED ABOUT 59 YEARS, R/AT MAVINAHALLI VILLAGE, SOMWARPETE TALUK, NEERGUNDA, NEERGUNDA POST, MADIKERI-571231 …PETITIONER (BY SRI. ANIL KUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN 573201. 3. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT, DC OFFICE BUILDING, HASSAN 573201. 4. THE ASSISTANT COMMISSIONER, SAKALESHPURA SUB DIVISION, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 SAKALESHPURA, HASSAN DISTRICT 573 134. 5. THE TAHSILDAR, ALUR TALUK, ALUR, HASSAN DISTRICT - 573 218. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS, HASSAN DISTRICT, HASSAN 573 201. 7. THE DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, HASSAN 573 201. 8. THE INSPECTOR OF POLICE, CEN CRIME POLICE, DCRB DIVISION, HASSAN - 573 201. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE 3rd RESPONDENT IN CASE NO.L.N.D/HE.JA.YO.(D) 1956/2017-18 DATED 24.03.2022 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order dated 24.03.2022 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/He.Ja.Yo(Da):1956/2017-18 at Annexure-A. 2. The petitioner claims to be the legal representative of Sri.Nanjappa, who lost his lands due to submergence of his lands under water on the construction of Hemavati/Yagachi/Vatehole 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.1 of Sy.No.68/1 of Malalli Village, Kodlipet Hobli, Somwarpet Taluk was granted. However, several irregularities were found in the matter of allotment of alternative lands. Action was directed by the - 4 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 State Government having regard to such irregularities. The Special Land Acquisition Officer (for short ‘SLAO’) has passed the impugned order in respect of the petitioner cancelling the grant. 3. 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) Not produced submergence certificate; c) 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; d) Not produced NOC from Forest department. 4. 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 - 5 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 hereinabove. Therefore, all other observations made in the impugned order 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. 5. Consequently, this Court proceeds to pass the following: ORDER i) Writ petition is allowed in part. ii) The impugned order dated 24.03.2022 in case No.LND/He.Ja.Yo.(Da):1956/2017-18 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 - 6 - HC-KAR NC: 2025:KHC:30993 WP No. 12471 of 2025 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 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. Sd/- (R DEVDAS) JUDGE KLY CT: JL