- 1 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6362 OF 2025 (KLR-LG) BETWEEN: SHRI. D B MAHESH S/O LATE D. A. BAIREGOWDA, AGED ABOUT 72 YEARS, R/O DEVALADAKERE VILLAGE, HANABAL HOBALI, SAKALESHPUR TALUK, HASANA DISTRICT. …PETITIONER (BY SRI. SHIVANINGAPPA NADUVINAMANI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE – 560 001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT – 573 214 3. THE ASSISTANT COMMISSIONER SAKALESHPURA, HASSAN DISTRICT – 573 214 4. TAHASILDAR SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 5. THE SPECIAL LAND ACQUISITION OFFICER FOR HEMAVATHI RESERVOIR PROJECT, HASSAN – 573 214 6. THE SAKALESHAPURA DIRECTOR OF LAND RECORDS HASSAN DISTRICT – 573 134 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN – 573 201 8. THE SP HASSAN, DCRB DIVISION, HASSAN, (C.E.N. CRIME POLICE, HASSAN) HASSAN– 573 201 …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO.L.N.D./ HE.JA.YO.(DA):199/14-15 DATED 25.08.2022 PASSED BY THE 5TH RESPONDENT PRODUCED AS ANNEXURE-C INSOFAR AS PETITIONER IS CONCERNED, AND ALLOW THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 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.L.N.D/HE.JA.YO.(DA):199/2014-15 at Annexure-C. 2. The petitioner claims to be a legal representative of Late. Dyavegowda S/o Thimmegowda, who lost 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, 4.00 Acres of land in Sy.No.37 of Kogaravalli Village, Hanubalu Hobli, Sakaleshapura - 4 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 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 Land Acquisition Officer (for short ‘SLAO’) has passed the impugned order in respect of the grantee/ 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) 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 - 5 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 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 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: - 6 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 ORDER i) Writ petition is allowed in part. ii) The impugned order dated 25.08.2022 in case No.L.N.D./ HE.JA.YO. (DA): 199/ 2014-15 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure-C, 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 grantee/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 and not revenue land and therefore, it could not have been granted, the SLAO is required to - 7 - HC-KAR NC: 2025:KHC:34788 WP No. 6362 of 2025 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 grantee/petitioner. v) Consequent to the restoration of the grant in favour of the grantee/petitioner, the revenue entries shall also be restored in the RTC. Sd/- (R DEVDAS) JUDGE DL List No.: 2 Sl No.:3.29