- 1 - HC-KAR NC: 2025:KHC:34772 WP No. 35557 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. 35557 OF 2024 (KLR-LG) BETWEEN: 1. SRI. M. P. NAGARAJU S/O LATE PUTTEGOWDA, AGED ABOUT 65 YEARS, R/O KELAGALALE VILLAGE, MALLIPATTANA HOBLI, ARAKALAGUDU TALUKU, HASSAN DIST. – 573 102 2. SMT. LALITAMMA, W/O LATE. BASAVEGOWDA, AGED ABOUT 72 YEARS, R/O MALLENAHALLI VILLAGE, MALLIPATTANA HOBLI, ARAKALAGUDU TALUKU, HASSAN DIST. – 573 102 3. SMT. KAMALAMMA W/O LATE CHANDREGOWDA, AGED ABOUT 64 YEARS, R/O BEEJAGHATTA VILLAGE, MALLIPATTANA HOBALI, ARAKALAGUDU TALUKU, HASSAN DIST. – 573 102 …PETITIONERS (BY SRI. SHIVANINGAPPA NADUVINAMANI AND SRI. P. G. YATNAL, ADVOCATES) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34772 WP No. 35557 of 2024 M.S. BUILDING BENGALURU – 560 001 REP. BY ITS SECRETARY, 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT – 573 214 3. THE TAHSILDAR ARAKALAGUDU, ARAKALAGUDU TALUK, HASSAN DISTRICT – 573 134 4. THE SPECIAL LAND ACQUISITION OFFICER FOR HEMAVATHI RESERVOIR PROJECT HASSAN – 573 214 5. THE ASSISTANT COMMISSIONER HASSAN, HASSAN DISTRICT – 573 201 6. THE ASSISTANT DIRECTOR OF LANDS, HASSAN DISTRICT – 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. MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS ALL DATED 25.08.2022 AT ANNEXURES-D, E AND F, RESPECTIVELY, PASSED BY THE RESPONDENT-SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN, WHEREBY CANCELING THE GRANTS MADE IN FAVOUR OF THE RESPECTIVE PETITIONERS AND ETC. - 3 - HC-KAR NC: 2025:KHC:34772 WP No. 35557 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the impugned orders all dated 25.08.2022 at Annexures-D, E and F, passed by the respondent-Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, whereby canceling the grants made in favour of the respective petitioners. 2. The 1st petitioner claim to be the land owner and the 2nd and 3rd petitioners claim to be the legal representatives of the respective erstwhile land owners, who lost their lands due to submergence of lands under water on the construction of Hemavati/Yagachi/Vatehole Reservoir Project, which are more fully described in the petition. 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 - 4 - HC-KAR NC: 2025:KHC:34772 WP No. 35557 of 2024 lands to ensure that the livelihood of such agriculturists are not lost. Accordingly, the respective lands which are more fully described in the Petition Schedule were granted in favour of the petitioners. 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 grantees/ petitioners cancelling the grants. 3. Having regard to the grounds on which the impugned orders have been passed, it is clear that the SLAO has cancelled the grants of the petitioners 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; - 5 - HC-KAR NC: 2025:KHC:34772 WP No. 35557 of 2024 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 orders of cancellation have been passed by the SLAO is identifiable as one of the grounds noticed hereinabove. Therefore, all other observations made in the impugned orders are hereby set aside as not specifically applicable to the petitioners. It is also a fact that the impugned orders of cancellation was passed without hearing the grantees 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:34772 WP No. 35557 of 2024 ORDER i) Writ petition is allowed in part. ii) The impugned orders all dated 25.08.2022 passed by the respondent- Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexures-D, E and F, are 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 grantees/petitioners. The petitioners are permitted to submit any material to defend the order of grants. 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:34772 WP No. 35557 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 grantees/petitioners. v) Consequent to the restoration of the grant in favour of the grantees/ petitioners, the revenue entries shall also be restored in the RTCs. Sd/- (R DEVDAS) JUDGE DL