- 1 - HC-KAR NC: 2025:KHC:30232 WP No. 16541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16541 OF 2025 (LA-UDA) BETWEEN: 1. SRI DAYANAND J S/O C.JAVARAIAH AGED ABOUT 51 YEARS R/O. 494/G, 4TH MAIN, 17TH CROSS, VIDYARANYAPURAM MYSURU-570008 2. SRI. SHIVANANDA J S/O C. JAVARAIAH, AGED ABOUT 49 YEARS, R/O, 2789/01/03, 14TH CROSS, BASAVESHWARA ROAD, K. R. MOHALLA, MYSURU-570004. 3. SRI. SREEDHARA J, S/O C. JAVARAIAH, AGED ABOUT 45 YEARS, R/O. 494/G, 4TH MAIN, 17TH CROSS, VIDYARANYAPURAM MYSURU-570008. &PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30232 WP No. 16541 of 2025 VIKASA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, J.L.B. ROAD, MYSURU 570 005. 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, MYSURU 570 005. &RESPONDENTS (BY SRI.SPOORTHY HEGDE.N., ADVOCATE FOR R1 SRI.G.B.SHARATH GOWDA, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. LAQ (6) CR 434/ 2005-06 DATED 12/12/2006, ISSUED BY THE RESPONDENT NO. 2, VIDE ANNEXURE A. PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS "SHANTHAVERI GOPALAGOWDA NAGAR 2ND STAGE", IN RESPECT OF THE PETITIONER LAND BEARING SY.NO.5/2 MEASURING 1 ACRE 37 GUNTAS SITUATED AT SARKARI UTHANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT (SL. NO. 212 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN W.P. NO. 45022/2017 DATED 26/10/2017, W.P. NOS. 25692- 25693/2018 DATED 19/06/2018 AND W.P. NO.14683/2023 (LA-UDA) DATED 07/09/2023 VIDE ANNEXURE -F, F1 AND F2, RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30232 WP No. 16541 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "a. Issue a writ or order in the nature of Certiorari quashing the Preliminary Notification bearing No. LAQ (6) CR 434/ 2005-06 dated 12/12/2006, issued by the Respondent No. 2, vide Annexure-A. Published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 for formation of layout known as "Shanthaveri Gopalagowda Nagar 2nd stage", in respect of the petitioner land bearing sy.no.5/2 measuring 1 Acre 37 Guntas situated at Sarkari Uthanahalli Village, Kasaba Hobli, Mysuru Taluk and District (Sl. No. 212 in the Preliminary Notification) in terms of orders in W.P. No. 45022/2017 dated 26/10/2017, W.P. Nos. 25692-25693/2018 dated 19/06/2018 and W.P. No.14683/2023 (LA-UDA) dated 07/09/2023 vide Annexure -F, F1 and F2, respectively. - 4 - HC-KAR NC: 2025:KHC:30232 WP No. 16541 of 2025 b. Pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case including cost of the proceedings, so as to meet the ends of Justice and equity." 2. Heard learned counsel Sri Lingaraju.K.R., for the petitioners, learned counsel Sri Spoorthy Hegde.N., for respondent No.1 and learned counsel Sri G.B.Sharath Gowda, for respondent Nos.2 and 3. 3. Learned counsel for the petitioners submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench in the case of Sri.J.Dayanand and others vs. State of Karnataka and others [W.P.No.14683/2023 disposed of on 07.09.2023]. The operative portion of the order reads as under: "Accordingly, following: ORDER 1. Petition is allowed. 2. Preliminary Notification dated 12.12.2006 is quashed to the extent of the land measuring 36 guntas in Sy.No.48/1, of Bandipalya Village, Kasaba - 5 - HC-KAR NC: 2025:KHC:30232 WP No. 16541 of 2025 Hobli, Mysuru Taluk, belonging to the petitioners notified at Sl.No.67." 4. Learned counsel for the respondents is not in a position to dispute the position of law as laid down by the Co- ordinate Bench which will itself was following the earlier orders passed by the other Co-ordinate Bench. In that light, the petition deserves to succeed. 5. In that light, the following: ORDER i) Writ petition is allowed. ii) Preliminary Notification dated 12.12.2006 is quashed to the extent of the land measuring 1 acre 37 guntas situated at Sarkari Uthanahalli Village, Kasaba Hobli, Mysuru Taluk and District, belonging to the petitioners notified at Sl.No.212. Sd/- (M.NAGAPRASANNA) JUDGE VM List No.: 1 Sl No.: 26