- 1 - NC: 2025:KHC:15808 WP No. 4181 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4181 OF 2016 (LA-KHB) BETWEEN: SRI. KRISHNE GOUDA, SINCE DEAD BY LRS, SHRI. SIDDRAME GOWDA, S/O LATE KRISHNEGOWDA, AGE 68 YEARS, AGRICULTURIST, R/AT YELLACHALLI VILLAGE, YELAWALA HOBLI, MYSORE TALUK AND DISTRICT - 570 005. …PETITIONER (BY SRI. R.B. ANEPPANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001, TALUK & DISTRICT: BENGALURU. 2. THE KARNATAKA HOUSING BOARD, BY ITS COMMISSIONER, CAUVERY BHAVAN, BENGALURU - 560 009. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15808 WP No. 4181 of 2016 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU - 560 009. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD NOTICE DATED 30.11.2015 ISSUED BY THE R-3 PRODUCED AS ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that despite this Court quashing the final notification issued under Section 6(1) of the Land Acquisition Act, 1894, in W.P.Nos.11075- 11076/2013 by order dated 18.07.2013, the impugned award notice dated 30.11.2015 was issued by the respondents. 2. Learned counsel for the respondent-KHB has today filed a memo along with a copy of the order dated 13.09.2024, where the Special Leave Petition filed by the respondent-KHB - 3 - NC: 2025:KHC:15808 WP No. 4181 of 2016 before the Hon'ble Apex Court was dismissed. Earlier the order passed in W.P.Nos.11075-11076/2013 was questioned by the respondent-KHB in Writ Appeal No.2676/2018 and the same was dismissed on 01.07.2019. Learned counsel, however, submits that since the learned counsel who had appeared for the KHB in the writ petition did not bring the factum of the quashment of the final notification insofar as the lands belonging to the petitioner is concerned, to the Special Land Acquisition Officer, the impugned award notice dated 30.11.2015 was issued. The learned counsel, however, draws the attention of this Court to a sketch appended to the memo while pointing out that the petitioner is in unauthorized occupation of Block 56A in Sy.No.99 of Yellachalli Village, Yelawale Hobli, Mysore Taluk, Mysore District. The said land is government measuring 2 acres, for which the award has been passed and the same has been deposited in accordance with law. 3. Having regard to the admitted fact that the petitioner has already succeeded in getting the final notification quashed at the hands of this Court, by order dated 18.07.2013, the impugned award notice could not have been issued insofar - 4 - NC: 2025:KHC:15808 WP No. 4181 of 2016 as 3 acres and 30 guntas of land in Sy.No.99/DN, which belongs to the petitioner herein. 4. Consequently, the writ petition is allowed while quashing the impugned award notice dated 30.11.2015 at Annexure-F. However, it is made clear that if the petitioner is in unauthorized occupation of any extent of land barring 3 acres 30 guntas of land in Sy.No.99/DN, the respondent-KHB is free to proceed in accordance with law and evict the petitioner and take possession of the same. Sd/- (R DEVDAS) JUDGE rv CT: BHK