- 1 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28699 OF 2025 (LA-RES) BETWEEN: SMT. Y.T. PARVATHAMMA W/O LATE MANJEGOWDA, AGED 74 YEARS, R/O YADAKERI VILLAGE, HETHUR POST, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573134. …PETITIONER (BY SRI PRAMOD R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, THE REVENUE DEPARTMENT, AMBEDKAR VEEDI, VIDHANA SOUDHA, BANGALORE-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER, DEPUTY COMMISSIONER BUILDING, (HEMAVATHI RESERVOIR PROJECT), HASSAN DISTRICT-573201. 3. THE SUPERINTENDENT OF POLICE D.C.R.B. DIVISION (C.E.N. CRIME POLICE), HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI HARISHA A.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-G DATED 01.08.2022 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER, DEPUTY COMMISSIONER BUILDING, (HEMAVATHI RESERVOIR PROJECT), HASSAN DISTRICT IN NUMBER LND/HE.JA.YO(DA)86/2015-16 i.e. RESPONDENT NO.2. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri Harisha A.S, learned Additional Government Advocate, accepts notice for respondents. 2. Heard learned counsel for the petitioner and learned AGA for the respondents. 3. The petitioner has approached this Court seeking to quash Annexure-G dated 01.08.2022 passed by respondent No. 2-Special Land Acquisition Officer Hemavathi Reservoir Project. 4. The husband of the petitioner was a land loser under Hemavathi Reservoir project. He had received compensation for the land acquired for the said project. After his demise on 26.12.1999, the second respondent declared that the petitioner was entitled to grant of land in Survey No.28, Block No. 1 measuring 4 acres, and ordered issuance of a grant certificate and a saguvali chit. - 3 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 Pursuant thereto the Tashildar, Sakleshpura, issued the grant certificate and the RTC was mutated in the petitioner’s name. However, respondent No.2 passed the impugned order, cancelling grant made in favour of the petitioner on the ground that the land in question is a forest land and not revenue land. 5. Learned counsel for the petitioner submits that the order cancelling the grant is without holding any enquiry and without affording the petitioner an opportunity of hearing. 6. Upon perusal of the impugned order at Annexure-G, it reveals that the conclusion is based on clauses (5) and (8) of the proceedings which reads thus: “5. C£ÀħAzsÀ-(4)B ªÀÄgÀ-ªÀiÁ°Ì ¤UÀ¢üAiÀiÁUÀzÉà ¸ÁUÀĪÀ½ aÃn ¤ÃrgÀĪÀ MlÄÖ 837 C¢üPÀÈvÀ eÁÕ¥À£ÀUÀ¼À£ÀÄß gÀzÀÄÝ¥Àr¹, (¸ÀPÀ¯ÉñÀ¥ÀÅgÀ-526, ¨ÉîÆgÀÄ-211, D®ÆgÀÄ-52, ºÁ¸À£À-23, CgÀPÀ®UÀÆqÀÄ-25) ªÀÄgÀ-ªÀiÁ°Ì ¤UÀ¢ü ¥Àr¹zÀ £ÀAvÀgÀ ¸ÁUÀĪÀ½ aÃn ¤ÃqÀĪÀ PÀÄjvÀÄ. 8. C£ÀħAzsÀ-(7)B ºÉêÀiÁªÀw d¯Á±ÀAiÀÄ AiÉÆÃd£É ªÀÄļÀÄUÀqÉ ¸ÀAvÀæ¸ÀÜ®èzÀªÀjUÉ ºÉêÀiÁªÀw d¯Á±ÀAiÀÄ AiÉÆÃd£É ªÀÄļÀÄUÀqÉ - 4 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 ¸ÀAvÀæ¸ÀÜgÉAzÀÄ 32 d£ÀgÀ£ÀÄß ¥ÀjUÀt¹ £ÀPÀ° ªÀÄļÀÄUÀqÉ zÁR¯ÁwUÀ¼À DzsÁgÀzÀ ªÉÄÃ¯É d«ÄãÀÄ ªÀÄAdÆgÁw ªÀiÁrgÀĪÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß gÀzÀÄݪÀiÁqÀĪÀ PÀÄjvÀÄ.” 7. The order has been passed unilaterally, in violation of the principles of natural justice, without notice to the petitioner or any enquiry to verify the nature of land. 8. Learned counsel for both sides submit that similarly placed petitioners had approached this Court in B.K. Nagaraju vs State of Karnataka and Others1 (B.K. Nagaraju) wherein this Court quashed the similar cancellation orders and remanded the matter to the competent authority for reconsideration. 9. The Co-ordinate bench in B.K. Nagaraju (supra) held that the cancellation of grant without hearing the grantee is violative of the principles or natural justice and directed the Special Land Acquisition Officer to reconsider the matter securing opinions from both the 1 W.P. 12095 of 2024 dated 25.04.2024 - 5 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 Forest Department and Revenue department, and held at para Nos 4 and 5 as under : “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: ORDER i) Writ petition is allowed in part. ii) The impugned order dated 25.08.2022 in case No.LND/HE.JA.YO.(DA): 163/2017-18 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 petitioner. - 6 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 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 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 petitioner. v) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC.” 10. The facts of the present case being identical, the reasoning in B.K. Nagaraju (supra), applies squarely to this case. Accordingly, the impugned order of cancellation cannot be sustained and liable to be set-aside. Hence, the following : ORDER (i) The Writ Petition is allowed in part. - 7 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 (ii) The impugned order dated 01.08.2022 passed by respondent No. 2 - Special Land Acquisition Officer, Hemavathi Reservoir Project at Annexure-G is set aside. (iii) The matter is remitted back to respondent No. 2 to reconsider the case afresh after affording the petitioner sufficient and reasonable opportunity of hearing. (iv) The petitioner is at liberty to produce the necessary material in support of her claim. (v) Respondent No. 2 shall reconsider the matter after securing opinion from the Forest Department as well as the Revenue Department as to whether the land in question is a forest land or a revenue land. And if ultimately it is found that the land is a forest land, an alternative land shall be granted to the petitioner. - 8 - HC-KAR NC: 2025:KHC:44841 WP No. 28699 of 2025 (vi) Consequent to the restoration of the grant in favour of the petitioner, thereafter the revenue entries shall be effected. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 18