Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29165 WP No. 26917 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.26917 OF 2024 (KLR-LG) BETWEEN:
1.
SRI. GANGANATHAIAH DEAD BY LR KENCHAIAH S G, S/O LATE GANGANATHAIAH, AGED ABOUT 60 YEARS, RESIDING AT BEERANAHALLI KAVALU VILLAGE, ARAKALAGUDU TALUK, HASSAN, HASSAN DISTRICT 573201
…PETITIONER (BY SRI. SATHISHA D.J., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPORTMENT OF REVENUE, M.S.BULDING, BANGALORE -560001.
2.
THE TASILDAR, TALUK OFFICE ARAKALAGUDU 573201.
3.
THE SPECIAL LAND ACQUISITION OFFICER, OFFICE OF DEPUTY COMMISSIONER HEMAVATHI RESERVE PROJECT, (ALTERNATIVE) HASSAN HASSAN DISTRICT 573201
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29165 WP No. 26917 of 2024
4.
THE DEPUTY COMMISSIONER HASSAN HASSAN DISTRICT 573201.
5.
THE SUPERINTENDENT OF POLICE D.C.R.P. DIVISION HASSAN (CEN) CRIME POLICE.
HASSAN DISTRICT 573201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNX-P DATED 12.06.2023 IN NO.LND/HEA.JA.YO(1)(DA)/109/2006-2007 PASSED BY THE RESPONDENT NO.3.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. In this Writ Petition, petitioner is assailing the order dated 12.06.2023 IN No.LND/HEA.JA.YO(1)(DA)/109/2006-2007 passed by respondent No.3.
3. Having taken note of the submissions made by the
learned counsel appearing for the parties, under similar
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HC-KAR NC: 2026:KHC:29165 WP No. 26917 of 2024
circumstances, this Court in W.P.No.11339/2023 disposed of on 04.04.2024 has allowed the Writ Petition in part and quashed the impugned order therein. It is relevant to extract the operative portion of the said order which reads as under: i) Writ petition is allowed in-part; ii) Impugned
order dated 26.04.2022 in case No.LND/HEJAYO(DA) 950/2017-18 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure ‘D’, 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. 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;
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HC-KAR NC: 2026:KHC:29165 WP No. 26917 of 2024
v) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC.
4. Following the declaration of law made by this Court as noted above, the present Writ Petition is disposed of.
5. Accordingly, the impugned order dated 12.06.2023 in No. LND/HEA.JA.YO(1)(DA)/109/2006-2007 passed by respondent No.3 is hereby quashed and the matter is remitted to SLAO - respondent No.3 herein, to re-hear the issue and take decision in the matter in accordance with law. Consequently, the respondents are directed to restore the grant made in favour of the petitioner and revenue entries shall stand restored in the RTC.
6. I.A.1/2026 stands allowed. SD/- (E.S.INDIRESH) JUDGE
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