[Cites 2, Cited by 0]
Karnataka High Court
Sri Venkatesha vs The State Of Karnataka on 8 April, 2026
Author: R Devdas
Bench: R Devdas
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NC: 2026:KHC:19273
WP No. 9320 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 9320 OF 2026 (KLR-LG)
BETWEEN:
SRI.VENKATESHA
S/O LATE GANGEGOWDA
AGED ABOUT 50 YEARS
AGRICULTURIST,
R/AT YEREHALLI VILLAGE,
KASABA HOBLI, BELUR TALUK,
HASSAN DISTRICT- 573 128.
...PETITIONER
(BY SRI. K.G.SADASHIVAIAH, ADVOCATE)
AND:
Digitally signed
by JUANITA 1. THE STATE OF KARNATAKA
THEJESWINI DEPARTMENT OF REVENUE
Location: HIGH
COURT OF REP. BY ITS PRINCIPAL SECRETARY
KARNATAKA VIDHANA SOUDHA,
BENGALURU - 560 001.
2. DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN - 573 201.
3. THE ASSISTANT COMMISSIONER
SAKALESHPURA SUB DIVISION
SAKALESHPURA - 573 134.
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WP No. 9320 of 2026
HC-KAR
4. THE SPECIAL LAND ACQUISITION OFFICER
HEMAVATHI RESERVOIR PROJECT
OFFICE OF THE LAND ACQUISITION
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 SRI. V.SESHU, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS AND QUASH THE ORDER PASSED BY THE 4TH
RESPONDENT IN CASE NO.L.N.D/HEE.JHA.YHOO(D):205/16-
17, DATED 29.08.2022 AT ANNEXURE-A, AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:19273
WP No. 9320 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
The petitioner is aggrieved of the impugned order
dated 29.08.2022 passed by the Special Land Acquisition
Officer, Hemavathi Reservoir Project, Hassan, in case
No.L.N.D/He.Ja.Yo(D):205/2016-17.
2. The petitioner claims that he lost his lands due
to submergence of his lands 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, 4 acres of land in Block No.1 of
Sy.No.44 of Channenahalli Village, Halebeedu Hobli, Belur
Taluk and Hassan District was granted. However, several
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HC-KAR
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.
3. 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.
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4. 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 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.
5. Consequently, this Court proceeds to pass the
following:
ORDER
i) Writ petition is allowed in part.
ii) The impugned order dated 29.08.2022 in
case No.L.N.D/He.Ja.Yo(D):205/2016-17passed
by 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 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.
v) Consequent to the restoration of the grant
in favour of the petitioner, the revenue entries
shall also be restored in the RTC.
Sd/-
(R DEVDAS)
JUDGE
GPG
List No.: 1 Sl No.: 10
