Karnataka High Court
K R Lakshmikanth vs State Of Karnataka on 30 July, 2024
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NC: 2024:KHC:29938
WP No. 10354 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.10354 OF 2024 (KLR-LG)
BETWEEN:
K R LAKSHMIKANTH
S/O RANGE GOWDA
AGED ABOUT 44 YEARS
R/AT KANCHAMARANAHALI VILLAGE
KASABA HOBLI
HASSAN TALUK
HASSAN DISTRICT-573219
...PETITIONER
(BY SRI.PRASANNA B R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
Digitally signed DEPARTMENT OF REVENUE
by ALBHAGYA M S BUILDING
Location: HIGH BENGALURU-560 001
COURT OF
KARNATAKA
2. THE DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201
3. THE SPECIAL LAND ACQUISITON OFFICER
HEMAVATHI RESERVOIR PROJECT
DC OFFICE BUILDING
HASSAN-573 201
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WP No. 10354 of 2024
4. THE ASSISTANT COMMISSIONER
HASSAN SUB-DIVISION
HASSAN-573 201
5. THE TAHSILDAR
HASSAN TALUK
HASSAN DISTRICT-573 201
6. THE ASST. DIRECTOR OF LAND RECORDS
HASSAN DISTRICT
HASSAN -573 201
7. THE DEPUTY CONSERVATOR OF FOREST
HASSAN DIVISION
HASSAN-570 201
8. INSPECTOR OF POLICE
CEN CRIME POLICE DCRB DIVISION
HASSAN-573 201
9. SRI.KRISHNE GOWDA
S/O JAVARE GOWDA
MAJOR
R/AT BACHIHALLI VILLAGE
KATTAYA HOBL
HASSAN TALUK
HASSAN DISTRICT-573 128
...RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE IMPUGNED ORDER NO.LND/HRP(D) 08/
2012-13 DTD 02.06.2023 PASSED BY THE SPECIAL LAND
ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT
HASSAN/R-3 VIDE ANNX-A AND ETC.
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WP No. 10354 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed assailing the impugned order dated 02.06.2023 passed by respondent No.3 - Special Land Acquisition Officer vide Annexure-A.
2. Heard learned counsel appearing for the petitioner and learned AGA for respondent Nos.1 to 6.
3. Facts leading to the case are as under; The petitioner's vendor was displaced in view of submerging of the land on account of implementation of Hemavathi Reservoir Project. In the rehabilitation scheme, the petitioner's vendor was granted the petition land and consequently, the saguvali chit was issued on 03.03.2014. The petitioner has purchased the petition land from his -4- NC: 2024:KHC:29938 WP No. 10354 of 2024 vendor under registered sale deed dated 15.10.2014. The petitioner based on the sale deed asserts title and possession over the petition property.
4. The petitioner's grievance is that respondent No.3, without conducting an enquiry and without hearing the petitioner and his vendor, has passed the impugned order and thereby, has cancelled the grant made in favour of the petitioner's vendor. The said issue is dealt by the Co-ordinate Bench of this Court in an identical case.
5. In support of the case of the petitioner, the judgments are cited by the learned counsel appearing for the petitioner. This factual matrix is not disputed by the learned AGA.
6. The impugned order is not preceded by an enquiry and therefore, the order cancelling the grant on the premises that the value of the standing trees grown in the schedule property was not assessed before issuing saguvali chit and also on the ground that the Grantee has -5- NC: 2024:KHC:29938 WP No. 10354 of 2024 not obtained NOC from the Forest Department is not sustainable.
7. The records, prima-facie, reveal that the granted land was not at all forest land. Therefore, respondent No.4, without holding an enquiry and without affording an opportunity to the petitioner, has passed the impugned order. On this sole count, the order under challenge is not sustainable and is liable to be quashed.
8. For the foregoing reasons, this Court proceeds to pass the following;
ORDER
i) Writ petition is allowed in part.
ii) The impugned order dated 02.06.2023 in case No.LND/HRP(D):08/2012-13 passed by respondent No.3 - the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure 'A' is hereby quashed and set-aside.
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iii) The matter stands remanded back. Respondent No.3 - SLAO to secure all necessary information and then, determine the value of the standing trees in the granted land. Thereafter, information shall be provided to the petitioner in terms of Rule 11 of the Karnataka Land Grant Rules, 1969, if the value is to be paid by the petitioner.
iv) On the other hand, if the valuation of the standing trees is more than Rs.5,000/, as provided in sub-rule (3) of Rule 11 of the Karnataka Land Grant Rules, 1969, then the SLAO shall have the trees removed in terms of the provisions contained in sub-rule (3) of Rule 11 of the Karnataka Land Grant Rules, 1969.
v) At any rate, the SLAO shall keep the petitioner informed of his decision having regard to the provisions contained in sub-rule (2) and sub-rule (3) of Rule 11 of the Karnataka Land Grant Rules, 1969.
vi) Consequent to the restoration of the grant in favour of petitioner's vendor, the revenue entries shall also be restored in the -7- NC: 2024:KHC:29938 WP No. 10354 of 2024 RTC by taking cognizance of alienation by original grantee.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8