- 1 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.17188 OF 2025 (LA-UDA) BETWEEN: SRI KEMPEGOWDA S/O LATE NINGEGOWDA, AGED ABOUT 56 YEARS, R/AT #532, 13TH CROSS, B.M. SRI NAGARA, 1ST MAIN, METAGALLI, MYSORE-570 016. …PETITIONER (BY SMT. KUSUMA M., ADVOCATE) 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 G.B. SHARATH GOWDA, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 26.12.1985, BEARING NO.PRABHOOSWAA2/1981-82 ISSUED BY THE 2ND RESPONDENT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner in this writ petition is seeking for the following reliefs: “1) Issue a writ of certiorari or any other similar writ or order or direction, quashing Preliminary Notification dated 26.12.2085 bearing No. PRABHOOSWAA2/1981-82 issued by the 2nd respondent authority at Annexure-A to the writ petition in so far as schedule property belonging to the petitioner is concerned. (Or in the alternative) Issue a writ in the nature of declaration or any appropriate writ or order or direction, declaring that the land acquisition proceedings initiated by issuance of Preliminary Notification dated 26.12.1985, bearing No. PRABHOOSWAA2/1981-82 by the 2nd respondent authority at Annexure-A to the writ petition has lapsed by virtue of coming in to force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, - 3 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 2013 in so far Scheduled Land belonging to the petitioner is concerned. 2) Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. The petitioner seeks to quash the Preliminary Notification dated 26.12.1985 (Annexure-A) insofar it relates to land measuring acres 0.39 guntas in Sy. No.102/1B of Metagalli Village, Kasaba Hobli, Mysore and in the alternative, the petitioner seeks a declaration that the said acquisition has lapsed in view of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘RTFC Act, 2013’ for short). 3. Heard the learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3. Perused the records. 4. A co-ordinate Bench of this Court in the case of C.M.Swamy and Others vs Mysore Urban - 4 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 Development Authority and Another1 (C.M.Swamy) has held as under: “2. Though several contentions have been urged by the learned counsel for the parties, what cannot be lost sight is that the similar issue had arisen for consideration before this Court. This Court while considering the case in C.G.GANGADHAR VS. MYSORE URBAN DEVELOPMENT AUTHORITY, MYSORE AND ANOTHER reported in 2013 (4) KAR.L.J. 559 in respect of the notification dated 12.12.2006, though in respect of another layout which had been proposed by the respondents, had concluded that the manner in which respondents have not proceeded further after the issue of preliminary notification will not be sustainable. Hence, this Court has quashed the notification. The said order had attained finality, the reasons assigned therein would be squarely applicable to the present case. 5. This Court in C.M.Swamy’s case considering an identical issue arising from substantially similar 1 W.P.10917-10923/2014 c/w W.P.10947-52/2014 D.D 26.11.2014 - 5 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 circumstances, has held that where only a Preliminary Notification is issued and no Final Notification is published, no award is passed and no possession is taken for decades, the acquisition cannot be sustained. The said decision followed the reasoning in C.G. Gangadhar Vs. Mysore Urban Development Authority and Another2 (C.G. Gangadhar), wherein such stagnant acquisition proceedings were quashed. 6. In the instant case, though the Preliminary Notification is issued on 26.12.1985, it is undisputed that no Final Notification has been issued, no award has been passed, and possession of the schedule property has not been taken. The present case stands on identical footing and the petitioner is entitled to the same relief. 7. The acquisition proceedings have remained dormant nearly for four decades and cannot sustain in law and the Preliminary Notification dated 26.12.1985 2 2013(4) KAR LJ 559 - 6 - HC-KAR NC: 2025:KHC:45943 WP No. 17188 of 2025 deserves to be quashed. Accordingly, this Court pass the following: ORDER i. The Writ Petition is allowed. ii. The impugned preliminary notification dated 26.12.1985 (Annexure-A) and all the acquisition proceedings pursuant thereto, in respect of schedule property of the petitioner is hereby quashed. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 52