- 1 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 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. 26049 OF 2024 (KLR-LG) BETWEEN: 1. LAKSHMAMMA DEAD BY HER LR S SRI SANATH KUMAR S/O LATE SOMMEGOWDA AND LATE LAKSHMAMMA AGED ABOUT 52 YEARS 2. SRI SADAN KUMAR S/O LATE SOMMEGOWDA AND LATE LAKSHMAMMA AGED ABOUT 50 YEARS 3. SRI SACHIN KUMAR S/O LATE SOMMEGOWDA AND LATE LAIKSHMAMMA AGED ABOUT 46 YEARS ALL ARE NOW R/AT HANUMANAHALLI VILLAGE HANABHALU HOBLI, SAKALESHAPURA TALUK HASSAN DISTRICT PIN 573 127 …PETITIONERS (BY SRI. MADHUSUDHAN M.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRICNIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 of 2024 M S BUILDING, BENGALURU - 560 001 2. THE DELPUTY COMMISSIONER HASSAN DISTRICT AT HASSAN-573201 3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION AT HASSAN, HASSAN DISTRICT–573201 4. THE TAHSILDHAR HASSAN TALUK AT HASSAN HASSAN DISTRICT PIN - 573 201 5. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVIOR PROJECT REHABILITATION AT HASSAN HASSAN DSITRICT PIN - 573 201 6. THE POLICE INSPECTOR D C R B BRACH AND C E N CRIME POLICE HASSAN TOWN, HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 4.06.2023 PASSED BY THE R-5 THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVIOR PROJECT, HASSAN, IN CASE NO.LND/HE.JA.YO.(4) DA:118/2005-06 ANNX-J DIRECTING THE R-5 TO HEAR THE MATTER AFTER GIVING A REASONABLE OPPORTUNITY TO PETITIONER AND TO DISPOSE OFF THE MATTER IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the impugned order dated 04.06.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HE.JA.YO.(4) DA:118/2005-06 at Annexure-J. 2. The petitioners claim to be a legal representatives of Late. Bommegowda, 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 and 10 Guntas of Karab land in Block No.16 of Sy.No.1 of Ontiguddakaval Village, Halekote Hobli, Holenarasipura Taluk, was granted in favour of the petitioners mother-Smt.Lakshmamma. However, several - 4 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 of 2024 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/ 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; 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:35026 WP No. 26049 of 2024 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 hearing the grantee/petitioners 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. - 6 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 of 2024 ii) The impugned order dated 04.06.2023 in case No.L.N.D./HE.JA.YO.(4) DA : 118/ 2005-06 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure-J, 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/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 therefore, it could not have been granted, the SLAO is required to reconsider the matter after securing the opinion from the forest department as - 7 - HC-KAR NC: 2025:KHC:35026 WP No. 26049 of 2024 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/petitioners. v) Consequent to the restoration of the grant in favour of the grantee/ petitioners, the revenue entries shall also be restored in the RTC. Sd/- (R DEVDAS) JUDGE DL