- 1 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 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. 2152 OF 2025 (KLR-LG) BETWEEN: 1. SRI DHARANENDRA S/O LATE KALE GOWDA, AGED ABOUT 47 YEARS RESIDENT OF PALLYA VILLAGE AND HOBLI, ALUR TALUK, HASSAN DISTRICT – 573 218 2. SMT. GOWRAMMA D/O LATE KALE GOWDA AGED ABOUT 57 YEARS, 3. SMT. KAMALA @ KAMALAMMA D/O LATE KALE GOWDA AGED ABOUT 55 YEARS, 4. SMT. RADHA D/O LATE KALE GOWDA AGED ABOUT 53 YEARS, 5. SMT. DYAVAMMA @ AKKAYAMMA W/O LATE KALE GOWDA AGED ABOUT 79 YEARS, ALL ARE R/O: PALLYA VILLAGE & HOBLI, ALURU TALUK, HASSAN DIST. 573 218. THE ABOVE PETITIONERS NO.2 TO 5 ARE REPRESENTED THROUGH 1ST PETITIONER AS THEIR GPA HOLDER- SRI. DHARANENDRA S/O LATE KALE GOWDA …PETITIONERS (BY SRI. GIRISHA H. M., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN – 573 201 3. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING HASSAN – 573 201 4. THE ASST. COMMISSIONER SAKLESHPURA SUB-DIVISION HASSAN DISTRICT – 573 134 5. THE TAHSILDAR SAKLESHPURA TALUK, HASSAN DISTRICT – 573 134 6. THE ASST. DIRECTOR OF LAND RECORDS SAKLESHPURA TALUK, HASSAN DISTRICT – 573 134 7. THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION HASSAN – 573 201 8. THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION HASSAN – 573 201 …RESPONDENTS (BY SRI. V. SESHU, HCGP) - 3 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO.LND/HRP(D).2145/17-18 DATED 30.07.2022 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN/RESPONDENT NO.3 CANCELLING THE GRANT MADE IN FAVOUR OF THE FATHER OF THE PETITIONERS NO.1 TO 4 AND HUSBAND OF P5-SRI.KALE GOWDA IN RESPECT OF SCHEDULE PROPERTY WHICH IS PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the impugned order dated 30.07.2022 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HE.JA.YO.(DA):2145/2017-18 at Annexure-A. 2. The petitioners claim to be legal representatives of Late. Kale Gowda S/o Chunche Gowda, 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 - 4 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 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.28 of Yadakere Village, Yesaluru Hobli, Sakaleshapura Taluk was granted in favour Sri. Kale Gowda. 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/ 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; - 5 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 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; 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 and therefore, on the ground of denial - 6 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 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 30.07.2022 in case No.L.N.D./HE.JA.YO.(DA): 2145/ 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 grantee/petitioners. The petitioners are permitted to submit any material to defend the order of grant. - 7 - HC-KAR NC: 2025:KHC:34785 WP No. 2152 of 2025 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 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 List No.: 2 Sl No.: 3.26