- 1 - HC-KAR NC: 2025:KHC:35022 WP No. 19454 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. 19454 OF 2024 (KLR-LG) BETWEEN: SRI. B. R. NAGARAJU AGED 58 YEARS S/O RUDREGOWDA MALLIKARJUNAPURA VILLAGE, HALEBIDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115 …PETITIONER (BY SRI. SADASHIVAIAH K G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560001 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN – 573201 3. THE ASSISTANT COMMISSIONER SAALESHPURA SUB DIVISION SAKALESHPURA - 573134 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT OFFICE OF THE LAND ACQUISITION Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35022 WP No. 19454 of 2024 DC OFFICE BUILDING HASSAN - 573201 5. THE TASHILDAR BELUR TALUK, BELUR - 573115 6. THE INSPECTOR OF POLICE D C R B DIVISION HASSAN CEN CRIME, POLICE HASSAN - 573201 …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE 4TH RESPONDENT IN CASE NO.L.N.D/YA.BHU.MA(D): 141/13-14 DATED 29.08.2022 AT ANNEXURE-A AND DIRECT THE 4TH RESPONDENT TO RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SY.NO.58 MEASURING AN EXTENT OF 4 ACRES SITUATED AT ANUGHATTA VILLAGE, HAREHALLI HOBLI, BELUR TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35022 WP No. 19454 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):141/2013-14 at Annexure-A. 2. The petitioner claims to be a person, 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 Block No.2 of Sy.No.58 of Anughatta Village, Arehalli Hobli, Beluru Taluk, was granted. However, several irregularities were found in the matter of allotment of alternative lands. - 4 - HC-KAR NC: 2025:KHC:35022 WP No. 19454 of 2024 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 who were the then Special Land Acquisition Officers; - 5 - HC-KAR NC: 2025:KHC:35022 WP No. 19454 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:35022 WP No. 19454 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): 141/ 2013-14 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 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:35022 WP No. 19454 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 CT: JL