Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10605 WP No. 4796 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4796 OF 2026 (KLR-LG) BETWEEN:
MR ERROL FERNANDES, S/O. C. V. FERNANDES, AGED ABOUT 62 YEARS, RESIDENT OF NO.95, AMARJYOTHI LAYOUT, INTERMEDIATE RING ROAD, DOMLUR, BENGALURU-560 071, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MR. JASON JOSEPH FERNANDES, S/O MR. ERROL FERNANDES, AGED ABOUT 31 YEARS. …PETITIONER (BY SRI. VIR ANTHONY BRITTO, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, OFFICE OF THE DEPUTY
Digitally signed by SUMA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10605 WP No. 4796 of 2026
COMMISSIONER BUILDING, HASSAN-573201.
3.
THE ASSISTANT COMMISSIONER, ALUR SUB-DIVISION, ALUR TALUK, HASSAN DISTRICT-573218.
4.
THE TAHSILDAR, ALUR TALUK, ALUR, HASSAN DISTRICT-573218.
5.
INSPECTOR OF POLICE, D.E.R.B.DIVISION, (C.E.N.CRIME BRANCH, HASSAN), HASSAN-573201.
6.
SRI.KALYAN KUMAR, S/O.LATE. RANGEGOWA, MAJOR, RESIDENT OF CHANNAHALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT-573218.
7. SRI.P.R.RAJASHEKAR, S/O. RANGEGOWDA, MAJOR, RESIDENT OF CHANNAHALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT-573218. …RESPONDENTS (BY SRI.V.SESHA, HCGP FOR R1 TO 5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 4TH RESPONDENT TO FORTHWITH REMOVE THE BOARD INSTALLED ON THE SCHEDULE PROPERTY BELONGING TO THE PETITIONER. FORTHWITH VIDE ANNEXURE-X SERIES AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:10605 WP No. 4796 of 2026
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 5. Notice to respondent Nos.6 and 7 is not necessary for the following reasons.
2.
Learned counsel for the petitioner submits that the petitioner purchased the land in question, namely 4 acres in Sy.No.97, Old Sy.No.1, Block No.1 of Dindaghatta Village, Palya Hobli, Alur Taluk, Hassan District and another extent of 4 acres in Sy.No.98 of the same Village under Registered Sale Deed dated 14.01.2019. The said lands were granted in favour of respondent Nos.6 and 7. Since they had lost the lands in the Yettinahole project, the petitioner purchased the property in question from Sri.C.V.Lingaraju, who had purchased the property from respondent Nos.6 and 7. However, when the grants made in favour of respondent Nos.6 and 7 were quashed by respondent No.2-Special Land Acquisition Officer, Hemavathi Reservoir Project, the petitioner filed W.P.No.3848/2024. This Court by an order dated 04.07.2024, quashed the order of cancellation and remitted the matter back to the Special Land
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HC-KAR NC: 2026:KHC:10605 WP No. 4796 of 2026
Acquisition Officer (for short 'SLAO') to reconsider the matter afresh after affording an opportunity of hearing to the petitioner and the petitioner was also permitted to submit all material to defend the order of grant. The SLAO is yet to pass orders pursuant to the directions issued by this Court.
3. In the meanwhile, the impugned notice at Annexure-Y dated 31.01.2026 is issued by the respondent- Tahsildar, Alur Taluk. While also putting up a board on the property in question stating that the land is government land and the petitioner is called upon to answer how he put up a compound wall on the land in question.
4.
Learned counsel submits that when this Court has quashed the order of cancellation passed by the SLAO and has
directed the SLAO to reconsider the matter, the Tahsildar could not have issued the impugned notice and he could not have put up the board without prior notice to the petitioner.
5. There is substance in the submission made by the
learned counsel for petitioner. Having regard to the orders passed by this Court in W.P.No.3848/2024 dated 04.07.2024, the Tahsildar could not have put up the board on the property
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HC-KAR NC: 2026:KHC:10605 WP No. 4796 of 2026
in question and neither could he have issued the impugned notice.
6. Consequently, the following order is passed:
ORDER i. The writ petition is allowed; ii. The impugned notice dated 31.01.2026 at Annexure-Y, issued by respondent No.4-Tahsildar, Alur Taluk, is hereby quashed and set aside; iii. Respondent No.4-Tahsildar is directed to remove the board put up on the property forthwith. iv. Respondent No.4-Tahsildar is directed to await further orders at the hands of the Special Land Acquisition Officer.
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
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