Sri L R Chandrashetty Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri L R Chandrashetty Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Impugned cancellation order dated 10.06.2023 (Annexure 'A') quashed and set aside; matter remanded to the SLAO for fresh reconsideration after hearing the petitioners, who may submit material defending the grant; on the forest-land ground the SLAO to secure opinions of the Forest and Revenue Departments and grant alternative lands if the land is found to be forest land; revenue entries to be restored in the RTC consequent to restoration of the grant.

Issue for consideration

On which of the enumerated grounds the SLAO cancelled the petitioners' grant, and whether observations in the impugned order not specifically applicable to the petitioners ought to be set aside. +2 more

Court's answer

All other observations made in the impugned order, being not specifically applicable to the petitioners, are set aside.

Ratio / Principle

The impugned order of cancellation was passed without hearing the grantee; on the ground of denial of principles of natural justice alone, it is required to be set aside.

Key takeaways

The impugned order dated 10.06.2023 in case No.LND/HRP(1)(D):27/10-11 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan (Annexure 'A') is quashed and set aside.ratio¶67
The matter stands remanded to the SLAO to reconsider the matter afresh after affording the petitioners an opportunity of hearing; the petitioners are permitted to submit any material to defend the order of grant.ratio¶68
On the forest-land ground, the SLAO is required to reconsider the matter after securing the opinion of the Forest Department as well as the Revenue Department; if the land is ultimately found to be forest land, alternative lands shall be granted to the petitioners.

Detailed headnote1 paragraphs

Land grant – cancellation by SLAO – Hemavathi/Yagachi/Vatehole Reservoir Project submergence case – Petitioners, legal representatives of Smt. Dyavamma whose lands submerged, had been granted 4 acres each in Block Nos.1 and 2 of Sy.No.48, K.Hosakote Hobli, as alternative land under the State rehabilitation scheme – SLAO (Hemavathi Reservoir Project, Hassan) cancelled the grant by order dt. 10.06.2023 citing irregularities – Held: the cancellation was passed without hearing the grantee, and on the ground of denial of principles of natural justice alone the impugned order required to be set aside; observations in the impugned order not specifically applicable to the petitioners set aside – Writ petition allowed in part – Impugned order quashed; matter remanded to SLAO to reconsider afresh after affording hearing, permitting petitioners to submit material defending the grant – On the contention that the granted land is forest land and not revenue land, SLAO to reconsider after securing opinions of the Forest Department and Revenue Department; if the land is found to be forest land, alternative lands shall be granted – Consequent to restoration of the grant, revenue entries to be restored in the RTC. (Single Judge: R Devdas, J.; order dt. 04-09-2025)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 26794 OF 2025 (KLR-LG)

BETWEEN:

SRI L R CHANDRASHETTY AGED 73 YEARS, S/O LATE RANGASHETTY, R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT – 573213.

SRI PUTTARAJU, AGED 69 YEARS, S/O LATE RANGASHETTY, R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT – 573213. REP BY GPA HOLDER SRI L R VENKATESH, AGED 63 YEARS, S/O LATE RANGASHETTY R/O MADIHALLI VILLAGE, K HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT - 573213

Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

…PETITIONERS

(BY SRI. RAVISHANKAR A., ADVOCATE)

AND:

STATE OF KARNATAKA DEPARTMENT OF REVENUE

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M.S.BUILDING

BENGALURU - 560001

REP. BY ITS PRINCIPAL SECRETARY

THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN – 573201.

THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING HASSAN – 573201.

THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION

HASSAN – 573201.

THE TAHSILDAR HASSAN TALUK,

HASSAN – 537201.

THE ASSISTANT DIRECTOR OF LAND RECORDS

HASSAN – 573201.

THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION HASSAN – 570201.

THE INSPECTOR OF POLICE CEN CRIME POLICE, DCRB DIVISION

HASSAN - 573201

…RESPONDENTS

(BY SRI. SESHU.V., HCGP)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS QUASH THE IMPUGNED ORDER NO.LND/HRP(1)(D).27/10-11 DATED 10.6.2023 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN/RESPONDENT NO.3, VIDE ANNEXURE-A, CANCELLING THE GRANT MADE IN FAVOUR OF THE PETITIONERS IN RESPECT OF SCHEDULE PROPERTIES AND DIRECT THE AUTHORITIES TO ENTER THE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

The petitioners are aggrieved of the impugned order

dated 10.06.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/HRP(1)(D):27/10-11.

The petitioners claim to be the legal representatives of Smt.Dyavamma, W/o Sri Rangashetty,

who lost the lands due to submergence of lands under water on the construction of Hemavati/Yagachi/Vatehole

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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.48 and 4 acres of land in Block No.2 of Sy.No.48 of K.Hosakote Hobli, Madhihalli Village, Alur Taluk, Hassan District were granted. 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 petitioners cancelling the grant.

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;

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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.

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 petitioners. It is also a fact that the impugned order of cancellation was passed without

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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.

Consequently, this Court proceeds to pass the following:

ORDER

i) Writ petition is allowed in part .

ii) The impugned order dated 10.06.2023 in case No.LND/HRP(1)(D):27/10-11 passed by the 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 SLAO to reconsider the matter afresh after affording an opportunity of hearing to the petitioners. The petitioners are 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

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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 petitioners.

v) Consequent to the restoration of the grant in favour of the petitioners, the revenue entries shall also be restored in the RTC.

Sd/(R DEVDAS) JUDGE

JT/CT: JL