- 1 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 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. 3191 OF 2025 (KLR-LG) BETWEEN: 1. SHRI KUMAR K. B. S/O BAIRAYYA, AGED ABOUT 59 YEARS, R/AT IBBADI KONNURU VILLAGE, SAKALESHAPUR TALUKU, HASSAN DISTRICT – 573 134 2. SMT. HOOVAMMA W/O IRAYYA, AGED ABOUT 57 YEARS, R/AT IBBADI KONNURU VILLAGE, SAKALESHAPUR TALUKU, HASSAN DISTRICT – 573 134 …PETITIONERS (BY SRI. RAMESH YANKOBA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE – 560 001 REP/BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, HASSAN DISTRIET – 573 214 3. TAHASILDAR SAKALESHAPUR TALUK, HASSAN DISTRICT – 573 134 4. THE SPECIAL LAND ACQUISITION OFFICER, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 FOR HEMAVATI RESERVOIR PROJECT, HASSAN – 573 214 5. THE ASSISTANT COMMISSIONER, SAKALESHAPURA, HASSAN DISTRICT – 573 134 6. THE SAKALESHAPUR DIRECTOR OF LANDS, HASSAN DIST. – 573 134 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 BOTH DATED 26.04.2022 IN CASE NO.L.N.D/HE.JA.YO.(DA):817/2017-18 AND IN CASE NO.L.N.D/HE.JA.YO.(DA):185/2017-18 PASSED BY THE 4TH RESPONDENT AT ANNEXURES-C & D, AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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 both dated 26.04.2022 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HE.JA.YO.(DA):817/2017-18 and in case - 3 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 No.L.N.D/HE.JA.YO.(DA):185/2017-18 at Annexure-D and D, respectively. 2. The 1st petitioner claims to be a legal representative of Late.Bairayya and the 2nd petitioner claims to be a legal representative of Late. Irayya, who lost lands due to submergence of their 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.7 of Sy.No.138 of Kyanahalli Village, Sakaleshapura Taluk, was granted in favour of the 1st petitioner and 4.00 Acres of land in Block No.8 of Sy.No.138 of Kyanahalli village, Sakaleshpura Taluk was granted in favour of the 2nd petitioner. However, several irregularities were found in the matter of allotment of alternative lands. Action was - 4 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 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 grant. 3. Having regard to the ground on which the impugned orders have been passed, it is clear that the SLAO has cancelled the grants 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; e) Land granted is a forest land and not revenue lands and therefore it could not have been granted. - 5 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 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 order are hereby set aside as not specifically applicable to the petitioner. It is also a fact that the impugned orders of cancellation were passed without hearing the grantees and therefore, on the ground of denial of principles of natural justice alone, the impugned orders of cancellation are 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 orders both dated 26.04.2022 in case No. No.L.N.D/ HE.JA.YO.(DA) :817/2017-18 and in case No.L.N.D/HE.JA.YO.(DA): 185/2017-18 at Annexure-C and D, passed by the - 6 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexures ‘C’ and ‘D’, 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 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 - 7 - HC-KAR NC: 2025:KHC:34787 WP No. 3191 of 2025 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 RTC. Sd/- (R DEVDAS) JUDGE DL