- 1 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1374 OF 2025 (KLR-LG) BETWEEN: 1. STATE OF KARNATKA REPRESENTED BY ITS PRL. SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201 3. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT D.C.OFFICE BUILDING, HASSAN - 573 201 4. THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA - 573 134 5. THE TAHSILDAR ARKALAGUD TALUK HASSAN DISTRICT - 573 102 6. THE ASST. DIRECTOR OF LAND RECORDS ARAKALGUD TALUK HASSAN DISTICT - 573 102 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN - 573 201 8. THE INSPECTOR OF POLICE CEN CRIME POLICE DCRB DIVISON HASSAN DISTRICT - 573 201 …APPELLANTS (BY SRI MOHAMMAD JAFFAR SHAH, AGA) AND: 1. SMT. THEREJAMMA @ GRACY K.J. THEREJAMMA W/O ANTHONY SWAMY AGED ABOUT 61 YEARS RESIDENT OF 496 KRISHNA NAGARA VILLAGE THATTEKERE JODITHATTEKERE HASSAN TALUK HASSAN DISTRICT - 573 217 …RESPONDENT (BY SRI GIRISHA H.M., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.23868 OF 2023 (KLR-LG) DATED 28.03.2024 & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application―I.A.No.1/2025, the same is allowed. The delay of 468 days in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an order dated 28.03.2024 passed by the learned Single Judge of this Court in W.P.No.23868/2023 (KLR-LG). 3. The respondent had filed the said petition, inter alia, impugning an order dated 02.06.2023 cancelling the grant of lands granted in favour of the husband of the appellant. The said petition was allowed in part and the matter was remanded back to the Special Land Acquisition Officer [SLAO] to have the value of the standing trees in the granted land assessed at the hands of the competent authority. - 4 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 4. It appears that the order proceeded on the basis that the cancellation order, which was impugned in the said petition had been passed on account of failure on the part of the writ petitioner to pay the value of the trees. 5. It also appears from the impugned order that the learned Single Judge had set aside all observations made in the order dated 02.06.2023, to the effect that the writ petitioner had not established the extent of lands submerged or that she was the owner of those lands. The learned Single Judge had held that the observations were general observations. The order dated 02.06.2023 cancelling the grant was required to be set aside on the ground that the principles of natural justice had not been followed. The appellant now seeks to advance submission to sustain the observations to the effect that the respondent had not established that she was the owner of any part of the lands which were submerged and thus had not established that she was eligible for grant of alternate land. It does not appear that the aforesaid contentions were advanced before the learned Single Judge. - 5 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 6. The learned Additional Government Advocate appearing for the appellants contends that the grant in favour of the respondent has been cancelled as it was one of the grants that was considered as illegal. He contended that on inquiry, it was found that out of 979 instances of grant of lands to landless people who had lost their lands because of submergence on account of construction of the Hemavathi/Yagachi/Vatehole Reservoirs, 414 grants were found to be obtained by forged signatures. He further submits that the grant in the case of the respondent is also called into question as she could not establish the genuineness of the grant and the same was cancelled. 7. The learned Single Judge had not accepted the above contention and held that the observations in the order dated 02.06.2023 to the aforesaid effect are general observations. 8. After some arguments, the learned Additional Government Advocate appearing for the appellants seeks liberty to file a review petition. 9. The present appeal is disposed of with liberty to the appellants to file a review petition. Liberty is also reserved to the - 6 - HC-KAR NC: 2025:KHC:52817-DB WA No. 1374 of 2025 appellants to file afresh. We clarify that all contentions of the parties are reserved. 10. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 22