- 1 - HC-KAR NC: 2025:KHC:34773 WP No. 35558 of 2024 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. 35558 OF 2024 (KLR-LG) BETWEEN: SRI. TAMMAYYA, S/O SANNAYYA, AGED ABOUT 58 YEARS, R/O HASAGANURU VILLAGE, KUNDOORU HOBLI, ALURU TALUK HASSAN DISTRICT. REPRESENTED BY GPA HOLDER SRHI. K. G .MALLESH S/O JAVARAYYA, AGED ABOUT 66 YEARS, R/AT NO. 1, S.B.M COLONY ARASIKERE ROAD, HASSAN TOWN, HASSAN DIST. …PETITIONER (BY SRI. SHIVANINGAPPA NADUVINAMANI, AND SRI. P. G YATNAL, ADVOCATES) 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 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34773 WP No. 35558 of 2024 3. THE TAHASILDAR SAKALESHAPUR TALUK, HASSAN DISTRICT - 573115. 4. THE SPECIAL LAND ACQUISITION OFFICER FOR HEMAVATI RESERVOIR PROJECT, HASANA – 573 S214 5. THE ASSISTANT COMMISSIONER, SAKALESHAPURA, HASSAN DISTRICT – 573 214 6. THE ASSISTANT DIRECTOR OF LANDS, HASSAN DIST. – 573 201 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 ORDER VIDE NO. L.N.D./HE.JA.YO.(DA) : 175/2014-15 DATED 29.08.2022 PASSED BY THE 4TH RESPONDENT PRODUCED AS ANNEXURE-C ALLOW THE WP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34773 WP No. 35558 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order dated 29.08.2022 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HE.JA.YO.(DA): 175/2014-15 at Annexure-C. 2. The petitioner claims to be a legal representative of Late Sannaiay, 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.55 of Chikkanduru Village, Yesaluru Hobli, Sakaleshapura Taluk, was granted. However, several irregularities were found in the matter of allotment of alternative lands. Action was directed by the State - 4 - HC-KAR NC: 2025:KHC:34773 WP No. 35558 of 2024 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 who were the then Special Land Acquisition Officers; - 5 - HC-KAR NC: 2025:KHC:34773 WP No. 35558 of 2024 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:34773 WP No. 35558 of 2024 ORDER i) Writ petition is allowed in part. ii) The impugned order dated 29.08.2022 in case No.L.N.D./HE.JA.YO.(DA):175/ 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:34773 WP No. 35558 of 2024 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.:3.14