- 1 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19205 OF 2025 (KLR-LG) BETWEEN: SRI. SADHASHIVAPPA AGED ABOUT 58 YEARS, S/O. CHANNA BASAVEGOWDA, BANADAHALLI VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-573 115. …PETITIONER (BY SRI. K.G. SADASHIVAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201. 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALESHPURA-573 134. 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT, OFFICE OF THE LAND ACQUISITION, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 DC OFFICE BUILDING, HASSAN-573 201. 5. THE TASHILDAR BELUR TALUK, BELUR-573 115. 6. THE INSPECTOR OF POLICE DCRB DIVISION HASSAN CEN CRIME POLICE, HASSAN-573 201. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS QUASH THE ORDER PASSED BY THE 4TH RESPONDENT IN CASE NO L.N.D/YA.BHU.MA(D) 18/2009-2010 DATED 05.06.2023 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The petitioner is aggrieved of the impugned order dated 05.06.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/YA.BHU.MA.(D):18/2009-10. - 3 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 3. The petitioner claims to be a person, who has lost his land due to submergence of his land 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, 20 Guntas of land in Block No.1 of Sy.No.5 and another extent of 3.00 Acres of land in Block No.4 of Sy.No.12, (in total 3 Acres 20 Guntas) both situated at Arabeehalli village, Helebeedu Hobli, Beluru Taluk, was granted in favour of the petitioner. 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 petitioner cancelling the grant. - 4 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 4. Having regard to the ground on which the impugned order has been passed, it is clear that the SLAO has cancelled the grant 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. The factual information and the ground on which the impugned order of cancellation has been passed by the SLAO is identifiable as one of the grounds noticed hereinabove. Therefore, all other observations made in - 5 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 the impugned order are hereby set aside as not specifically applicable to the petitioner. It is also a fact that the impugned order of cancellation was passed without hearing the grantee and therefore, on the ground of denial of principles of natural justice alone, the impugned order of cancellation is required to be set aside. 6. Consequently, this Court proceeds to pass the following: ORDER i) Writ petition is allowed in part. ii) The impugned order dated 05.06.2023 in case No.LND/YA.BHU.MA.(D):18/2009-10 passed by the respondent-Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure ‘A’, is hereby quashed and set aside. iii) The matter stands remanded back to the respondent-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. - 6 - HC-KAR NC: 2026:KHC:5562 WP No. 19205 of 2025 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. v) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL