- 1 - NC: 2025:KHC:2811 WP No. 33937 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33937 OF 2024 (LA-UDA) BETWEEN: SRI MAHADEVA S/O LATE CHIKKAMAKKAIAH AGED ABOUT 51 YEARS NO.48, RAMAMANDIRA ROAD NADAHANAHALLI, ALANAHALLI POST MYSURU-570 028. …PETITIONER (BY SRI. K.R. LINGARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISIONER, J.L.B. ROAD, MYSURU - 570 005. 3. THE SPECIAL LAND ACQUISITON OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B., ROAD MYSURU - 570 005. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R-1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2 AND R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. LAQ(2) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2811 WP No. 33937 of 2024 CR.95.96-97 DATED 18.12.1996 ISSUED BY THE R-2 AND 3 UNDER SECTION 17(1) OFF THE KUDA, ACT AND THE FINAL NOTIFICATION BEARING NO. NA AA EE 333 AA PRA VE 97 DATED 06.11.1997, ISSUED BY THE R-1 UNDER SECTION 19(1) OF THE KUDA, ACT, VIDE ANNEXURE-A AND B IN RESPECT OF THE PETITIONER LAND BEARING SY.NO.3/16 (NEW) (OLD SY.NO.3) MEASURING 17 GUNTAS SITUATED AT NADANAHALLI VILLAGE, KASABHA HOBLI, MYSURU TALUK AND DISTRICT, (SL.NO.1 IN THE PRELIMINARY NOTIFICATION AND FINAL NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR WRIT PETITION NO. 21239/2023 (LA-UDA) DATED 31.08.2024 VIDE ANNEXURE-E 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 Petitioner is before this Court claiming to be the owner of the land bearing Sy.No.3/16 (New) Sy.No.3(old) measuring 17 guntas situated at Naadanahalli Village, Kasaba Hobli, Mysuru Taluk and District which is sought to be claimed by the respondent-Mysuru Urban Development Authority ('MUDA' for short) by issuing preliminary notification bearing No. J¯ïJPÀÆå (1)¹.Dgï. 95,96-97 dated 18.12.1996 and a final notification bearing No.£ÀCE 333 C¥Áæ« 97 dated 06.11.1997 under the provisions of The Karnataka Urban Development Authorities Act, 1987. - 3 - NC: 2025:KHC:2811 WP No. 33937 of 2024 2. Learned counsel for the petitioner submits that though the notification is issued, neither an award is passed nor the possession is taken. He also refers to an endorsement dated 09.06.2017 produced at Annexure-D wherein the Special Land Acquisition Officer, MUDA, Mysuru has intimated that out of 7 acres 20 guntas of land, only to the extent of 15 guntas land belonging to one Sri. Chikkamahadevu, S/o. Yetthibuddaiah was acquired and the compensation in respect thereof was paid. Since the remaining lands consisted of houses and were situated near the gramatana area, in the proceedings of the Authority held on 16.12.2006 it was decided to leave the said lands out from the acquisition. 3. Learned counsel for the petitioner further referring to an order dated 31.08.2024 passed in WP.No.21239/2023 by the Co-ordinate Bench of this Court and submits that on similar set of facts and circumstances of the matter in respect of very same survey number and in respect of very same notifications, this Court has quashed the notifications. Hence, he submits that similar order may be passed in this matter as well. - 4 - NC: 2025:KHC:2811 WP No. 33937 of 2024 4. Learned counsel for the respondent-MUDA does not disputed the aforesaid facts and legal aspects of the matter. 5. In that view of the matter, the petition is allowed. The preliminary notification bearing No.J¯ïJPÀÆå (1)¹.Dgï. 95,96- 97 dated 18.12.1996 at Annexure-A and final notification bearing No.£ÀCE 333 C¥Áæ« 97 dated 06.11.1997 at Annexure-B, to the extent of properties which belongs to the petitioner are quashed. SD/- (M.G.S. KAMAL) JUDGE SSD List No.: 1 Sl No.: 14