- 1 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21857 OF 2025 (LA-UDA) BETWEEN: 1. SMT LAKSHMAMMA W/O. SRI LATE. NARASIMOJEE, AGED ABOUT 57 YEARS, #25, BALLAHALLI, MYSORE TALUK, MYSORE DISTRICT, PIN CODE-570026. 2. SMT. GEETHA W/O. SRI. PRAKASH S K, D/O SRI LATE. NARASIMOJEE AGED ABOUT 42 YEARS, #402, 3RD CROSS, M M LAYOUT KAVALBYRASANDRA, BANGLORE NORTH, R T NAGAR, BANGALORE, PIN CODE-560032. 3. SRINIVAS N S/O SRI LATE. NARASIMOJEE AGED ABOUT 41 YEARS #8, BALLAHALLI BALLAHALLI BEERIHUNDI POST, JAYAPURA HOBLI MYSORE, PIN CODE - 570006. 4. SMT. VASANTHA W/O. SRI, KRISHNA AGED ABOUT 57 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 #MAHARASHTRAKOPPALU PANDAVAPURA TALUK, VCT NARAYANAPURA, PO NARAYANAPURA SUB DISTRICT PANDAVAPURA, MANDYA DISTRICT, PIN CODE-571455. 5. SRIDHARA S/O SRI LATE. NARASIMOJEE AGED ABOUT 36 YEARS #JAYAPURA HOBLI, BEERIHUNDI POST, BALLAHALLI MYSORE DISTRICT, PIN CODE - 570026. &PETITIONERS (BY SRI. BASAVANNA K.M., ADVOCATE) AND: 1. THE SECRETARY MINISTRY OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, M S BUILDING, AMBEDKAR BEEDI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU - 570 024. 3. THE COMMISSIONER/LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, J L B ROAD, MYSURU-570 024. &RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2 & R3) - 3 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 28.06.2016 BEARING NO. LAQ (1) BA/1/2016-17 ISSUED BY THE R2 AUTHORITY AT ANNEXURE -C TO THE WP IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "1. Issued a Writ of Certiorari or any other similar Writ or Order or Direction, quashing Preliminary Notification dated 28.06.2016, bearing No: LAQ (1) BA/1/2016-17 Issued by the 2ND Respondent Authority at ANNEXURE-C to the Writ petition in so far as Schedule Property belonging to the Petitioners is concerned. (or) in the alternative) Issue a Writ in the nature or Declaration or any appropriate Writ or Order or Direction, declaring that the land acquisition proceedings initiated by issuance of preliminary Notification dated: 28.06.2016, bearing No.LAQ(1)BA/1/2016-17 by the 2nd Respondent Authority at ANNEXURE-C to the Writ Petition has lapsed - 4 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 by virtue of coming in to force of the Right to Fair Compensation, and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in so far as Schedule Land belonging to the petitioners is concerned. 2. Grant such other reliefs as this Hon'ble Court in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri.Basavanna K.M., learned counsel appearing for the petitioners, Sri.M.Rajakumar, learned AGA appearing for respondent No.1, Sri.T.P.Vivekananda, learned counsel appearing for respondent Nos.2 and 3 and have placed the material on record. 3. Learned counsel appearing for the petitioners and the respondents in unison would submit that the issue in the lis is identical to what is decided by the Coordinate Bench in W.P.No.19415/2023 disposed on 11.09.2023. The said order reads as follows: "This petition is filed seeking quash of Preliminary Notification dated 28.06.2016 issued by the respondent No.2 Mysore Urban Development Authority (MUDA) under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 in respect of land bearing Sy.No.17 measuring 2.26 acres situated at Ballahalli Village, Jayapura Hobli, Mysore Taluk, Mysore notified at Sl.No.61 of the said notification at Annexure- A. - 5 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 2. It is the case of the petitioner that he is the owner in absolute possession of the aforesaid land. The petitioner has been in possession and enjoyment of the aforesaid land. That the respondent authority by a Preliminary Notification dated 28.06.2016 issued under Section 17 of the Karnataka Urban Development Authorities Act, 1987 proposed to acquire certain lands including the land belonging to the petitioners. That no further action is taken by the respondent pursuant to the aforesaid preliminary notification. 3. Relying upon the law laid down by this Court in the case of C.G.Gangadhara Vs MUDA Mysore and anr reported 2013 (4) KLJ 559 wherein this Court has held delay of six and half years in issuing the Final Notification under Section 19(1) of Karnataka Urban Development Authorities Act is not condonable, learned counsel for the petitioner submits that even in the instant case, though the preliminary notification had been issued on 28.06.2016 no further action has been initiated. Hence, sought for allowing of the petition. 4. Sri.G.B.Sharath Gowda, learned counsel for the respondents 2 and 3 does not dispute that no action of any nature whatsoever is initiated subsequent to issuance of preliminary notification and that the land continues to be in possession and enjoyment of the petitioner. In that view of the matter, petition is allowed. Preliminary Notification dated 28.06.2016 is quashed to the extent of the land measuring 2.26 acres in Sy.No.17, of Ballahalli Village, Jayapura Hobli, Mysore Taluk, Mysore, belonging to the petitioner notified at Sl.No.61." Therefore, the issues as answered by the Coordinate Bench of this Court supra and in the light of the issues standing - 6 - HC-KAR NC: 2025:KHC:37132 WP No. 21857 of 2025 covered on all its fours, the writ petition stands disposed on the very same findings and the observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 187