- 1 - NC: 2025:KHC:11134 WP No. 7032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7032 OF 2025 (LA-UDA) BETWEEN: 1. SRI KEMPEERANNA, S/O LATE CHICKMADAPPA, AND LATE CHICKATHAYAMMA, AGED ABOUT 77 YEARS, RESIDING AT NO. 457, CHAVADI STREET, KR MOHALLA, MYSURU - 570 004. 2. SMT. SIDAMMA, D/O LATE CHICKMADAPPA, AND LATE CHICKATHAYAMMA, W/O MARISWAMY, AGED ABOUT 64 YEARS, RESIDING AT MANUGANAHALLI POST, CHIKKADANAHALLI, MYSURU - 571 103. 3. SMT. SHIVAMMA, D/O LATE CHICKMADAPPA, AND LATE CHICKATHAYAMMA, W/O MAHADEVAPPA P, AGED ABOUT 56 YEARS, RESIDING AT NO. 246, 1 MAIN ROAD, GOKULAM, 2ND STAGE, MYSURU - 570 002. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11134 WP No. 7032 of 2025 4. SMT. RATHNAMMA, W/O LATE BASAVARAJU, AGED ABOUT 44 YEARS, 5. SRI. MAHADEVSWAMY, S/O LATE BASAVARAJU, AGED ABOUT 25 YEARS, BOTH PETITIONER NOS. 4 AND 5 RESIDING AT NADANAHALLI VILLAGE, VARUNA HOBLI, MYSURU - 570 019. …PETITIONERS (BY SMT. ANUSHA NANDISH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, 8J4V+V8V, JHANSI RANI LAKSHMI BAI RD, CHAMARAJAPURA, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT DIRECTING THE R-1 AND 2 TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. LQ(4) CR31/2005-06 DATTED 13.12.2006 ISSUED UNDER SEC 17(1) OF THE KUDA ACT, 1987 NOTIFYING - 3 - NC: 2025:KHC:11134 WP No. 7032 of 2025 THE ACQUISITION OF THE LAND IN SY NO. 187/1 MEASURING 2 ACRES 16 GUNTAS OF LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSORE DISTRICT AT SL. NO. 159 BELONGING TO THE PETITIONERS (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioners submit while drawing the attention of this Court to Annexure-E, Order dated 24.10.2016 in W.P.Nos.20595/2016 and 25227/2016, that this Court has held, having noticed the admitted fact that after the issuance of a preliminary notification No.LAQ(4)CR.31/2005-06 dated 13.12.2006, the final notification was never issued and therefore, the preliminary notification was already quashed by this Court in the case of Sri.C.M.Swamy Vs. Mysore Urban Development Authority in W.P.Nos.10917-10923/2014. Learned counsel submits that the petitioners are also entitled for similar relief since the preliminary notification dated 13.12.2006 was already quashed in terms of the orders passed in the case of Sri.C.M.Swamy. - 4 - NC: 2025:KHC:11134 WP No. 7032 of 2025 2. Learned counsel for the respondent-Mysuru Urban Development Authority submits on instructions that it is true that the preliminary notification dated 13.12.2006 was already quashed in the case of Sri.C.M.Swamy. 3. Consequently, the writ petition is allowed. The preliminary notification bearing No.LAQ(4)CR.31/2005-06 dated 13.12.2006 issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987, stands quashed insofar as lands bearing Sy.No.187/1 measuring 2 acres 16 guntas situated at Lalithadripura Village, Varuna Hobli, Mysore Taluk, belonging to the petitioner is concerned. Order accordingly. In view of the disposal of the main matter, all pending IAs are disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 6 CT: BHK