- 1 - HC-KAR NC: 2025:KHC:44346 WP No. 6107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.6107 OF 2025 (LA-UDA) BETWEEN: SRI D. PRAKASH S/O. LATE DEVAIAH, AGED ABOUT 40 YEARS, RESIDING AT BELOW MENTIONED ADDRESS, LALITHAADRIPURA VILLAGE VARUNA HOBALI, MYSORE–570028. …PETITIONER (BY SMT. KUSUMA M., ADVOCATE – [VC]) 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 HARISHA A.S, AGA FOR R-1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44346 WP No. 6107 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 13.12.2006, BEARING NO.LAQ(4)CR31/2005-06 ISSUED BY THE 2ND RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner seeks to quash the preliminary notification dated 13.12.2006 issued by respondent No.2- Authority at Annexure-A published under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the 'Act'). 2. The acquisition proceedings were initiated by the preliminary notification dated 13.12.2006, proposing to acquire a total extent of 283.28 acres of land in Lalithaadripura Village, Varuna Hobli, Mysore Taluk, for the purpose of formation of a residential layout known as "Lalithaadrinagara" and the land belonging to the petitioner bearing Sy.No.104/7 measuring 0.03 guntas - 3 - HC-KAR NC: 2025:KHC:44346 WP No. 6107 of 2025 situated at Lalithaadripura Village, Varuna Hobli, Mysore Taluk formed part of the preliminary notification. Learned counsel for the petitioner submits that despite the preliminary notification issued in the year 2006, the respondent-authority has not taken possession nor completed the acquisition proceeding and hence therefore contends that the acquisition proceedings has lapsed. 3. Learned counsel on both sides, rely upon the decisions of the Co-ordinate bench of the Court in the case of Yethappa Vs. State of Karnataka and others1 (Yethappa). In that case, the very same preliminary notification dated 13.12.2006 was quashed insofar as the land belonging to the petitioner therein. 4. In Yethappa’s case, the Co-ordinate bench has held at paragraph Nos.3 and 4 reads as under: “3. Admittedly, the final notification has not been issued for acquisition of the lands in question in furtherance of the preliminary notification. In an 1 W.P.No.56078/2016 D.D.No.03.11.2016 - 4 - HC-KAR NC: 2025:KHC:44346 WP No. 6107 of 2025 identical case, this Court in C.G Gangadhar /vs./ Mysore Urban Development Authority, Mysore and another - 2013(4) Kar.L.J. 559, has quashed the impugned preliminary notification therein. Following the said decision, this Court in W.P.Nos.10917-10923/2014 and connected matters (between Sri C.M.Swamy /vs./ Mysore Urban Development Authority, Mysore and another) has quashed the impugned preliminary notification therein. 4. For the reasons set out in the aforesaid orders, the preliminary notification impugned herein insofar as the petitioner’s land is concerned, is also quashed. Writ petition is accordingly allowed. No costs.” 5. In the present case, the petitioner has been able to demonstrate that no notification under Section 19 of Act is issued. Hence, the ratio laid down in the aforesaid decision squarely applies to the present case on hand. Accordingly, the notification dated 13.12.2006 is liable to be quashed and hence the following: ORDER i. The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:44346 WP No. 6107 of 2025 ii. The impugned notification dated 13.12.2006 at Anenxure-A is hereby quashed insofar as the petitioner's land is concerned. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 37