IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11731 OF 2025 (KLR-LG)

BETWEEN:

1. SRI. YOGACHARI, S/O. SHANTHACHARI, AGED ABOUT 43 YEARS, R/AT NO.3, G.V.T SCHOOL, ABBURMACHAGOWDANAHALLI, SINGANAKUPPE VILLAGE, ARAKALAGUD TALUK, HASSAN DISTRICT-573102 …PETITIONER (BY SRI. SANCHAN JAI NANDAN., ADVOCATE)

AND:

1. STATE BY REVENUE DEPARTMENT, Digitally signed by REP BY PRINCIPAL SECRETARY, KIRAN GOVERNMENT OF KARNATAKA, KUMAR R Location: VIKASA SOUDHA, AMBEDKAR VEEDHI, HIGH COURT OF BENGALURU-560001 KARNATAKA

2. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, OFFICE OF SPECIAL LAND ACQUISITION OFFICER, DEPUTY COMMISSIONER'S OFFICE, HASSAN-573201

3. POLICE INSPECTOR, D.C.R.B DIVISION, HASSAN (C.E.N CRIME POLICE, HASSAN)

REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001

4. THE ASSISTANT COMMISSIONER, SAKLESHPURA SUBDIVISION HASSAN DISTRICT PIN CODE 573134

5. THE TEHSILDAR, ARAKALAGUD TALUK, HASSAN DISTRICT PIN CODE 573102 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD. 11.06.2023 IN NO. L.N.D/HE.JA.YO(DA).105/2010-11 ISSUED BY R-2 PRODUCED AT ANNX-A BY WHICH THE R-2 HAS CANCELLED THE OFFICIAL MEMORANDUM O.M.NO.HE.JA.YO(DA).105/10-11 DTD. 18.06.2012 PRODUCED AT ANNX-D WITH RESPECT TO PETITIONERS LAND MEASURING 2 ACRES 20 GUNTAS SITUATED AT SY.NO.4, BLOCK NO.1 SINGANAKUPPE VILLAGE, MALLIPATTANA HOBLI, ARAKALAGUR TALUK, HASSAN DISTRICT, ETC.

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

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The petitioner is challenging an order dated

11.06.2023 passed by the Special Land Acquisition Officer (the SLAO), by which the Special Land Acquisition Officer has cancelled the grant made in favor of Mangalamma, who was arrayed as the respondent in a petition filed by the Police Inspector.

2. The petitioner submits that Mangalamma, who had been arrayed as the respondent before the Special Land Acquisition Officer, in fact passed away on the 18.06.2015, which is evidenced by a Death Certificate as per Annexure – H. It is therefore contended that essentially the impugned order has been passed against a dead person is therefore nullity.

3. In the light of the fact that the Death Certificate produced indicates that Mangalamma passed away on 18.06.2015, the assertion of the petitioner will have to be accepted that the impugned order is passed against the dead person is therefore nullity.

4. In that view of the matter, the impugned order is set aside and the matter is remanded to the SLAO with a direction to the SLAO to implead the petitioner as the respondent and reconsider matter afresh.

5. This writ petition is accordingly allowed

6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

Sd/-

(N S SANJAY GOWDA)

JUDGE GSR List No.: 1 Sl No.: 34