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2025 DAILYLAW 51303 (KAR)

SRI. NAVEEN J v. MYSURU URBAN DEVELOPMENT AUTHORITY

WP/37025/2025 · 2025-12-19

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54636 WP No. 37025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.37025 OF 2025 (LA-UDA) BETWEEN: 1. SRI NAVEEN .J AGED ABOUT 37 YEARS, S/O G.L. JAVAREGOWDA, 2. SMT. RANI .S AGED ABOUT 28 YEARS, W/O NAVEEN .J PETITIONER NOS.1 AND 2 ARE R/AT NO.1413, 6TH CROSS, 2ND STAGE, SRIRAMPURA MYSORE-570023. &PETITIONERS (BY SRI P. NATARAJU, ADVOCATE) AND: 1. MYSURU URBAN DEVELOPMENT AUTHORITY, (NOW MYSURU DEVELOPMENT AUTHORITY) MYSURU-570001 REPRESENTED BY ITS COMMISSIONER. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, (NOW MYSURU DEVELOPMENT AUTHORITY) MYSURU-570001 REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER. 3. STATE OF KARNATAKA, DEPARTMENT OF URBAN AND HOUSING, VIKASA SOUDHA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54636 WP No. 37025 of 2025 BENGALURU-560001 REPRESENTED BY ITS SECRETARY. &RESPONDENTS (BY SRI T.P. VIVEKANANDA, ADVOCATE FOR R-1 & R-2; SRI RAJKUMAR M., AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER QUASHING THE PRELIMINARY NOTIFICATION DATED 15-07- 1997 (ANNEXURE-A) BEARING NO.LAQ CR (1) PR 38/97-98 PASSED BY THE RESPONDENT NOS.1 AND 2 IN SO FOR AS THE LAND BELONGING TO THE PETITIONER IN SY. NO.30/3 (OLD NO.30/1) MEASURING 02 GUNTAS SITUATED AT KERGALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Heard Sri P. Nataraju, learned counsel for the petitioners, Sri T.P. Vivekananda, learned counsel for respondent Nos.1 and 2, and Sri Rajakumar M., learned Additional Government Advocate for respondent No.3. 2. The petitioners claim ownership of land measuring 2 guntas in Sy.No.30/3 (Old No.30/1) situated at Keragalli village, Jayapura Hobli, Mysore Taluk and District (8subject property9 for short). Preliminary notification dated 15.07.1997 was issued for the purpose of formation of "Ravindranath - 3 - HC-KAR NC: 2025:KHC:54636 WP No. 37025 of 2025 Tagore Layout". The petitioners contend that the final notification is not yet issued and therefore the preliminary notification has to be quashed. 3. Learned counsel for the petitioners further submit that the issue involved in this writ petition is squarely covered by the decision of the Co-ordinate Bench of this Court in the case of Smt. Puttamma Vs. The State of Karnataka and Others1 (Puttamma). 4. In Puttamma9s case this Court has held as under: <This Court must observe that if the Preliminary Notification dated 15.7.1997 has not resulted in Final Notification insofar as the subject property, the petitioner may not have a cause for impugning the Preliminary Notification but it would also be true that the Mysore Urban Development Authority cannot claim any right in the subject property. Therefore, the petition stands disposed of with the observation as aforesaid protecting the petitioner9s interest in the subject property.= 1 W.P.No.4627/2022 D.D 13.04.2022 - 4 - HC-KAR NC: 2025:KHC:54636 WP No. 37025 of 2025 5. A perusal of the said decision will indicate that the issue involved in the present petition is squarely covered by the decision of Puttamma. 6. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. The impugned preliminary notification dated 15.07.1997 passed by respondent Nos.1 and 2 insofar as it relates to petitioners9 land bearing Sy.Nos.30/3 (old No.30/1) measuring 2 guntas situated at Kergalli Village, Jayapura Hobli, Mysuru Taluk is quashed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 41