Sri. Parvathamallachari Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri. Parvathamallachari Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed in part: impugned orders dated 15.06.2023 and 18.02.2025 (Annexures-A and B) quashed and set aside; matter remanded to the SLAO for fresh consideration after hearing the petitioner; forest-land question to be re-examined with opinions of the forest and Revenue departments, and if found forest land, alternative lands to be granted; revenue entries in the RTC to be restored.

Issue for consideration

Whether the impugned cancellation orders, having been passed without hearing the grantee, were liable to be set aside on the ground of denial of principles of natural justice. +2 more

Court's answer

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

Ratio / Principle

The ground on which the impugned order of cancellation was passed is identifiable as one of the enumerated grounds; all other observations made in the impugned order are set aside as not specifically applicable to the petitioner.

Key takeaways

The impugned orders dated 15.06.2023 and 18.02.2025 passed by the SLAO and the Deputy Commissioner at Annexures-A and B are quashed and set aside.ratio¶¶53
The matter is remanded to the SLAO to reconsider afresh after affording an opportunity of hearing to the petitioner, who is permitted to submit material to defend the order of grant.ratio¶¶54
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.ratio

Detailed headnote1 paragraphs

Land acquisition – Hemavati/Yagachi/Vatehole Reservoir Project – grant of alternative land to person whose land was submerged – 3 Acres 30 guntas in Block No.1 of Sy.No.59, Honenahallikaval village, Beluru Taluk, granted to petitioner – grant cancelled by SLAO (order dt. 15.06.2023) amid State-wide scrutiny of irregular allotments (bogus, dual or fictitious grants, grants of forest land), upheld by Deputy Commissioner (order dt. 18.02.2025) – cancellation passed without hearing the grantee – Held, denial of principles of natural justice alone sufficed to set aside the cancellation; observations in the impugned order beyond the ground identifiable against the petitioner set aside as not specifically applicable – Both orders quashed; matter remanded to SLAO for fresh consideration after affording hearing, petitioner free to submit material defending the grant – On the forest-land ground, SLAO to secure opinions of the forest department and Revenue department; if the land is found to be forest land, alternative lands shall be granted – Revenue entries in RTC to be restored consequent upon restoration of the grant. (Writ petition under Articles 226 and 227 of the Constitution of India; disposed of by oral order dated 21.02.2026 by R Devdas J.)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35687 OF 2025 (KLR-LG)

BETWEEN:

SRI. PARVATHAMALLACHARI S/O LATE RUDRACHAR, AGED ABOUT 74 YEARS, R/O BENNUR, BELURU TALUK, HASSAN DISTRICT - 573 115.

…PETITIONER

(BY SRI. LINGARAJU K.R, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

THE STATE OF KARNATAKA REP., BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING, HASSAN - 573 201.

THE INSPECTOR OF POLICE, CEN., CRIME POLILCE, DCRB., DIVISION, HASSAN - 573 201.

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THE DEPUTY COMMISSIONER

HASSAN DISTRICT, HASSAN - 573 201.

THE ASSISTANT COMMISSIONER BELUR TALUK, BELUR,

HASSAN - 573 115.

THE TAHSILDAR BELURU TALUK, BELURU, HASSAN DISTRICT - 573 115.

THE ASSISTANT DIRECTOR OF LAND RECORDS, HASSAN DISTRICT, HASSAN - 573 201.

THE DEPUTLY CONSERVATER OF FOREST HASSAN DIVISION, HASSAN - 573 201.

…RESPONDENTS

(BY SMT. NAVYA SHEKHAR, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. TO QUASH THE ORDER BEARING NO. LND/YA. BOO. MA(D)-6/09-10 DATED 15/06/2023 PASSED BY THE RESPONDENT NO. 2AND ORDER IN CASE NO.70/2024-25 DATED 18/02/2025 PASSED BY RESPONDENT NO. 4 VIDE ANNEXURE - A AND B AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

The petitioner is aggrieved of the impugned orders dated 15.06.2023 and 18.02.2025 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan and Deputy Commissioner, Hassan District in case No.L.N.D/Ya.Boo.Ma(D):6/2009-10 and R.A.70/2024-25 at Annexures-A and B respectively.

The petitioner is an individual who lost his lands due to submergence of the same 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, 3 Acres 30 guntas of land in Block No.1 of Sy.No.59 situated at Honenahallikaval village, Kasaba Hobli, Beluru Taluk, Hassan District was

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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 petitioner cancelling the grant and Deputy Commissioner has upheld the same.

Having regard to the ground on which the impugned orders have 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

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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 petitioner. It is also a fact that the impugned orders 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.

Consequently, this Court proceeds to pass the following:

ORDER

i) Writ petition is allowed in part .

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ii) The impugned orders dated 15.06.2023 and 18.02.2025 passed in case No.L.N.D/Ya.Boo.Ma(D):6/2009-10 and R.A.70/2024-25 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan and Deputy Commissioner, Hassan District at Annexures-A and B respectively, are 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 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.

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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

rv

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