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2026 DAILYLAW 25533 (KAR)

SMT NAGAMMA v. STATE OF KARNATAKA

WP/8019/2024 · 2026-06-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32021 WP NO.8019 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8019 OF 2024 (KLR-LG) BETWEEN: SMT. NAGAMMA W/O LATE SWAMI GOWDA, D/O LATE MALLEGOWDA, AGED ABOUT 68 YEARS, R/AT HUNASUVALI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 213. …PETITIONER (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, DISTRICT DEPUTY COMMISSIONER'S BUILDING, HASSAN - 573 201. 3. THE SPECIAL LAND ACQUISITION OFFICER HASSAN SUB-DIVISION, DISTRICT DEPUTY COMMISSIONER'S BUILDING, HASSAN - 573 201. 4. THE TAHSILDAR SAKALESHPURA TALUK, SAKLESHPURA, HASSAND DISTRICT - 573 134. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32021 WP NO.8019 OF 2024 5. INSPECTOR POLICE DCRB DIVISION, (CEN CRIME BRANCH) HASSAN DISTRICT, HASSAN - 573 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24TH MARCH, 2022 PASSED BY THE RESPONDENT NO.3 IN CASE NO.:L.N.D./HEM.JAL.YOJA (DA):342/2014-15 VIDE ANNEXURE-H; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. B.P. Radha, learned Additional Government Advocate accepts notice for respondents. 2. In this petition, the petitioner is challenging the order dated 24th March, 2022 (Annexure-H) passed by the respondent No.2 in Case No.L.N.D/HEM.JAL.Yoja(Da): 342/2014-15. 3. Heard Sri. P.M. Gopi, learned counsel on behalf of Sri. Siddamallappa P.M., appearing for the petitioner and Smt. - 3 - HC-KAR NC: 2026:KHC:32021 WP NO.8019 OF 2024 B.P. Radha, learned Additional Government Advocate appearing for respondents. 4. The co-ordinate Bench of this Court, in an identical matter, in the case of S.L. SUBRAYA SETTY vs. STATE OF KARNATAKA AND OTHERS made in Writ Petition No.6897 of 2024 decided on 03rd September, 2025, remanded the matter to the respondent-Special Land Acquisition Officer to reconsider the matter afresh after affording an opportunity of hearing to the grantee/petitioner. Therefore, I am of the view that, the present petition is required to be disposed of in terms of the aforesaid writ petition in the case of S.L. SUBRAYA SETTY (supra). Accordingly, I pass the following: O R D E R (i) Writ Petition is allowed in part. (ii) Impugned order dated 24th March, 2022 (Annexure-H) passed by the respondent No.3-Special Land Acquisition Officer in Case No.L.N.D/Hem.Jal.Yoja(Da)342/2014- 15 is hereby set-aside; (iii) The matter stands remanded back to the respondent No.3-Special Land Acquisition Officer to reconsider the matter afresh after - 4 - HC-KAR NC: 2026:KHC:32021 WP NO.8019 OF 2024 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 respondent No.3-Special Land Acquisition Officer 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; (v) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 16