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IN THE HIGH COURT OF KARNATAKA, AT BENGALURU

(Original Jurisdiction)

Between:
1. Sri. Bettaiah
S/o Late Venkataiah
Aged about …..years
R/at Kakodanahalli Village
Mallipatna Hobli,
Hassan District- 573102

2. Sri. Basavegowda
S/o Late Annayappa Gowda
Aged about ……years
R/at Kabbali Village,
Kattayya Hobli, Hassan Taluk,
Hassan District- 573141 ….
Petitioners

AND:
1.The State of Karnataka
Department of Land revenue
M.S Building, Vidhana Veedhi
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Bengaluru – 560001
2. The Deputy Commissioner,
Hassan District-

3. The Special Land Acquisition Officer

Hemavathi Reservoir Project,
Hassan District-

4. The Tahsildar
Hassan District-

5. The Police Commissioner

DCRD Zone, Hassan
C.E.N Crime police
Hassan District-
….Respondents
MEMORANDUM OF WRIT PETITION FILED UNDER
ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA

The Petitioners submits as follows:

1. This writ petition is filed challenging the order dated

26.08.2022 passed by Respondent No.3 in case bearing No.

L.N.D/ HEJAYO(DA):160/17-18 and order dated 29.08.2022

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passed by Respondent No.3 in the case No. LND/

HEJAYO(DA):154/17-18.

2. The petitioners along with others lost their land for the

purpose of construction of Hemavathi Reservoir Project. Hence

the Respondent No.2 vide order dated 03.02.1971 reserved

68.31 acres of land in Sy No.422 at Shantigrama village, Hassan

taluk in order LND(II)PR509.C10522/69-70. The petitioner No.1

lost his land in Sy No. ……..measuring …… and he sought for

sanction of 4 acres land in Sy No. 422. The petitioner No.2 also

lost his land in Sy No. …….. measuring ….. and he sought for

sanction of 4 acres land in Sy No.422. The Respondent No.3 vide

order dated 24.07.2019, bearing No.HEJAYO(DA):160/17-18

sanctioned 4 acre land to the Petitioner No.1 in Sy No. 422,

Block-8, as per Karnataka Land Allotment Rules, 1969 and

ordered to give Saguvali chit after taking payment towards the

same. A copy of order dated 24.07.2019 passed by 3 rd

respondent is produced herewith as ANNEXURE-A. The

Respondent No.3 vide order dated 27.07.2019, bearing No.

HEJAYO(DA):154/17-18 sanctioned 4 acres land to the petitioner

No.1 in Sy No.422, Block-2, as per Karnataka Land Allotment

Rules, 1969 and order to give Saguvali chit after taking payment
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towards the same. A copy of order dated 27.07.2019 passed by

the 3rd respondent is produced herewith as ANNEXURE-B.

3. The petitioner No.1 and 2 applied for alternative land by

giving application to respondent No.3 vide application dated

04.09.2017 and 30.10.2017 respectively and have also given

undertaking stating that they applied for allotment of 4 acre land

in Sy No. 422 situated at Hassan taluk, Shantigrama village,

Shantigrama hobli out of their own will and they have not taken

land allotment anywhere else and undertaken that if they are

found giving false information, their allotment may be cancelled

and action can be taken. A copy of application dated 04.09.2017

and 30.10.2017 is produced herewith as ANNEXURE-C and

ANNEXURE-D. A copy of undertaking letter dated 23.10.2017

and letter dated 23.07.2017 given by petitioner No.1 and

petitioner No.2 are produced herewith as ANNEXURE-E and F.

4. The 3rd respondent vide order dated 30.10.2017 directed

the revenue inspector, Shanthigrama Hobli to inspect the land

and to give report. The revenue inspector vide report dated

01.12.2017 and 30.11.2017 stated that the land sought for by

the petitioner No.1 and petitioner No.2 is a vacant land and have
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grown Nilgiri and Acacia trees and no one is doing Bagar-hukum

cultivation and the land is not allowed under Bagar-hukum board

and the land is not used for government purpose and not

transferred to any other department and no one has constructed

illegal house as per Sec.94 C of Land Revenue act. The village

accountant has also given the same report dated 30.11.2017 as

given by revenue inspector. The people of Shanthigrama village

vide mahazar dated 01.12.2017 and 30.11.2017 stated that

none are illegally cultivating in the land applied by petitioner

No.1 and 2 and they have no objections to allot the land to

petitioner No.1 and 2. A copies of order dated 30.10.2017 issued

by respondent No.3 are produced herewith as ANNEXURE- G

and H. Copies of report dated 01.12.2017 and 30.11.2017

submitted by revenue inspector are produced herewith as

ANNEXURE- J and K. Copies of report dated 30.11.2017

submitted by village accountant are produced herewith as

ANNEXURE-L and M. Copies of a Mahazar dated 01.12.2017

and 30.11.2017 are produced herewith as ANNEXURE- N and

P.
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5. The land surveyor from the office of respondent No.3

surveyed the land to be granted to petitioner No.1 and 2 and

prepared sketch. Copies of sketch dated 23.10.2017 are

produced herewith as ANNEXURE-Q and R. The deputy

tahsildar after receiving the report from revenue inspector has

forwarded the entire file to respondent No.4 vide letter dated

01.12.2017 stating that the land can be allotted to the petitioner

No.1 and 2. Copies of letter dated 01.12.2017 are produced

herewith as ANNEXURE- S and T.

6. The respondent No.4 vide letter dated 09.01.2018 to the

respondent No.3 has stated that land can be granted to

petitioner No.1 and 2. Copies of letter dated 09.01.2018 issued

by respondent No.4 are produced herewith as ANNEXURE-V

and W. The petitioner No.1 and 2 paid amounts towards

Saguvali chit on 12.08.2020. Copies of challan dated 12.08.2020

are produced herewith as ANNEXURE- X and Y.

7. The Respondent No.3 vide order dated 26.08.2022 passed

in case bearing No.L.N.D/HEJAYO(DA):160/17-18 and order

dated 29.08.2022 in the case bearing

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No.LND/HEJAYO(DA):154/17-18 cancelled the allotment of land

which was allotted to the petitioners vide order dated 24.07.2019

and 27.07.2019 on the ground that the petitioners have not

submitted required documents to prove that they are genuine

allottees of the land. The 3rd respondent further held that since

the petitioners have not submitted NOC from forest department

and as the allotment is not published in The Mysore

gazette/Karnataka gazette, the allotment stands cancelled.

Copies of order dated 26.08.2022 and 29.08.2022 are produced

herewith as ANNEXURE-Z and ANNEXURE-AA.

8. The petitioners came to know about the impugned order

passed by the 3rd respondent recently and no notice were issued

to the petitioners. The petitioners are genuine allottees of the

land as they have lost the land towards the Hemavathi Reservoir

project. It is submitted that few allottees of the land whose

allotments are cancelled by the respondent No.3 have

approached this Hon’ble court by filing writ petition. This Hon’ble

court vide order dated …… granted interim order and stayed the

order passed by the 3rd respondent.

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9. The petitioners being aggrieved by the order dated

26.08.2022 passed by Respondent No.3 in case bearing No.

L.N.D/ HEJAYO(DA):160/17-18 and order dated 29.08.2022

passed by Respondent No.3 in the case No. LND/

HEJAYO(DA):154/17-18 are constrained to file the instant writ

petition in the absence of there being any other alternative and

efficacious remedy. The petitioner or any one claiming through it

has not filed any other writ petition on the same cause of action.

There is no other legal proceeding pending before any other

Court, Tribunal or authority in this regard. Hence this writ

petition is being filed on the following among other grounds.

GROUNDS

10.

GROUNDS FOR INTERIM RELIEF

The 3rd respondent passed impugned order in utter

violation of principles of natural justice and passed the order

without giving opportunity of hearing to the petitioners. The

petitioners have sacrificed their land for Hemavathi Reservoir

project and in turn are suffering to get alternative land. The

petitioners are poor farmers and are facing irreparable hardship

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from the impugned order. The petitioners have prima facie case

and balance of convenience in their favour. If the interim order is

not granted the petitioners would suffer irreparable injury,

hardship. Hence the interim order may be granted as prayed for.

PRAYER

Wherefore, it is prayed that this Hon'ble Court may be

pleased to:

i) Issue a Writ of Certiorari and quash the order dated

26.08.2022 passed by Respondent No.3 in case bearing No.

L.N.D/ HEJAYO(DA):160/17-18(produced as Annexure- ‘Z’); and

ii) Issue a Writ of Certiorari and quash the order dated

29.08.2022 passed by Respondent No.3 in the case No. LND/

HEJAYO(DA):154/17-18 (produced as Annexure- ‘AA’); and

iii) Pass such other and further order as this Hon’ble Court

deems fit to grant in the facts and circumstance of the case in

the interest of justice and equity.

INTERIM PRAYER

During the pendency of this writ petition it is just and

necessary to stay the order dated 26.08.2022 passed by

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Respondent No.3 in case bearing No. L.N.D/

HEJAYO(DA):160/17-18(produced as Annexure- ‘Z’); order

dated 29.08.2022 passed by Respondent No.3 in the case No.

LND/ HEJAYO(DA):154/17-18 (produced as Annexure- ‘AA’)

and all further proceedings pursuant thereto and pass such other

and further orders as deemed fit in the facts and circumstances

of the case in the interest of justice and equity.

Bengaluru Advocate for Petitioner

Date: MANMOHAN P.N

Address for Service:

Manmohan P.N. Associates,

Advocates,
No. 105, “A” Wing, 1st Floor,
Blue Cross Chambers, Infantry Cross Road,
Bengaluru–560001.
Ph: 9902578830 / [email protected]
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