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2025 DAILYLAW 68514 (KAR)

SRI L R CHANDRASHETTY v. STATE OF KARNATAKA

WP/26794/2025 · 2025-09-04

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26794 OF 2025 (KLR-LG) BETWEEN: 1. SRI L R CHANDRASHETTY AGED 73 YEARS, S/O LATE RANGASHETTY, R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT – 573213. 2. SRI PUTTARAJU, AGED 69 YEARS, S/O LATE RANGASHETTY, R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT – 573213. REP BY GPA HOLDER SRI L R VENKATESH, AGED 63 YEARS, S/O LATE RANGASHETTY R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT - 573213 …PETITIONERS (BY SRI. RAVISHANKAR A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 M.S.BUILDING BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY 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 HASSAN SUB-DIVISION HASSAN – 573201. 5. THE TAHSILDAR HASSAN TALUK, HASSAN – 537201. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS HASSAN – 573201. 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION HASSAN – 570201. 8. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASSAN - 573201 …RESPONDENTS (BY SRI. SESHU.V., HCGP) - 3 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS QUASH THE IMPUGNED ORDER NO.LND/HRP(1)(D).27/10-11 DATED 10.6.2023 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN/RESPONDENT NO.3, VIDE ANNEXURE-A, CANCELLING THE GRANT MADE IN FAVOUR OF THE PETITIONERS IN RESPECT OF SCHEDULE PROPERTIES AND DIRECT THE AUTHORITIES TO ENTER THE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the impugned order dated 10.06.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HRP(1)(D):27/10-11. 2. The petitioners claim to be the legal representatives of Smt.Dyavamma, W/o Sri Rangashetty, who lost the lands due to submergence of lands under water on the construction of Hemavati/Yagachi/Vatehole - 4 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 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.48 and 4 acres of land in Block No.2 of Sy.No.48 of K.Hosakote Hobli, Madhihalli Village, Alur Taluk, Hassan District were 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 Land Acquisition Officer (for short ‘SLAO’) has passed the impugned order in respect of the petitioners 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; - 5 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 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. 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 hereinabove. Therefore, all other observations made in the impugned order are hereby set aside as not specifically applicable to the petitioners. It is also a fact that the impugned order of cancellation was passed without - 6 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 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 10.06.2023 in case No.LND/HRP(1)(D):27/10-11 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 petitioners. The petitioners are 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 and not revenue land and - 7 - HC-KAR NC: 2025:KHC:34979 WP No. 26794 of 2025 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 petitioners. v) Consequent to the restoration of the grant in favour of the petitioners, the revenue entries shall also be restored in the RTC. Sd/- (R DEVDAS) JUDGE JT/- CT: JL