Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 15044 (KAR)

SRI PAAPANNA P v. STATE OF KARNATAKA

WP/3069/2025 · 2025-02-19

M G S Kamal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7393 WP No. 3069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3069 OF 2025 (LA-UDA) BETWEEN: SRI PAAPANNA P S/O LATE PACHCHEGOWDA AGED ABOUT 70 YEARS, RESIDING AT BELOW MENTIONED ADDRESS NO.65, JAYANAGARA HOBLI, RAYANAKERE POST, KOTE HUNDI, MYSORE - 570008 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SMT.KUSUMA.M, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN M.S. BUILDING, BANGALORE - 560001. 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570005. BY ITS COMMISSIONER 3. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570005. …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7393 WP No. 3069 of 2025 SRI.T.P.VIVEKANANDA, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 04/01/2007, BEARING NO. LAQ(1)CR 86/2005-06 ISSUED BY THE R2 AUTHORITY AT ANNX-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for the petitioner submits that the petitioner is before this court seeking quash of preliminary notification dated 04.01.2007 issued under Section 17 of Karnataka Urban Development Act, 1987, to the extent of property measuring 26 guntas in land bearing Sy.No.1/4 of Chowdahalli village, Kasaba Hobli, Mysuru Taluka and District. That even after lapse of 17 years of the preliminary notification, the respondent authorities have not taken forward the acquisition process and no final notification has been issued. 2. Learned counsel for the petitioner relying upon the order passed by the co-ordinate Bench of this Court in WP Nos.47459-461/2018 disposed of on 26.06.2019 and - 3 - NC: 2025:KHC:7393 WP No. 3069 of 2025 followed in another order by the co-ordinate Bench in WP No.19230/2021 dated 23.11.2021, submits that the petition may be disposed of on similar lines. 3. Learned counsel for the respondents does not dispute the aforesaid factual and legal aspect of the matter, accordingly, the following. ORDER (i) Writ petition is allowed. (ii) The preliminary notification dated 04.01.2007 passed by the 2nd respondent authority as per Annexure- A is hereby quashed to the extent of the property bearing Survey No.1/4 measuring 26 Guntas, situated at Chowdahalli Village, Kasaba Hobli, Mysuru Taluk and District, belonging to the petitioner. Sd/- (M.G.S. KAMAL) JUDGE ASN List No.: 1 Sl No.: 16