- 1 - HC-KAR NC: 2025:KHC:26248 WP No. 16843 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16843 OF 2025 (LA-UDA) BETWEEN: 1. SMT. BHRAMARA, W/O A.S.VEERANNA, AGED ABOUT 78 YEARS, R/AT No.513, 8TH CROSS, NEETHI MARGHA, 2ND PHASE, MYSORE -570 011. …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, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26248 WP No. 16843 of 2025 MYSORE - 570005 …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. QUASHING PRELIMINARY NOTIFICATION DATED 28.12.2006, BEARING NO.LAQ(2)CR 161/2005-06 ISSUED BY THE RESPONDENT-2 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 28.12.2006, BEARING NO. LAQ(2)CR 161/2005-06 BY THE RESPONDENT-2 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, 2013 IN SO FAR AS SCHEDULE LAND BELONGING TO THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26248 WP No. 16843 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "1. Issue a Writ of Certiorari or any other similar Writ or Order or Direction, quashing Preliminary Notification dated 28.12.2006, bearing No : LAQ(2)CR 161/2005-06 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 :28.12.2006, bearing No. LAQ(2)CR 161/2005-06 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, 2013 in so far as Schedule Land belonging to the PETITIONER is concerned. 2. Grant such other reliefs as this Hon'ble Court fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Smt. Kusuma M., learned counsel appearing for the petitioner, Sri. Seshu V., learned HCGP appearing for respondent No.1, Sri. T.P. Vivekananda, learned counsel - 4 - HC-KAR NC: 2025:KHC:26248 WP No. 16843 of 2025 appearing for respondent Nos.2 and 3 and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the issue in the lis is answered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.15758/2021 disposed on 30.08.2021. The Co-ordinate Bench of this Court in the aforesaid writ petition has held as follows: "2. Learned counsel for the petitioners submits that the issue stands covered by a decision of this Court in the case of Sri.M.Somashekhar Vs. State of Karnataka and Others in W.P.No.52285/2019 decided on 22.01.2020. 3. The Preliminary notification dated 28.12.2006 was passed under Section 17 of the Karnataka Urban Development Authorities Act, 1987 proposing to acquire certain lands in Chikkalli Village, Varuna Hobli, Mysuru Taluk and District for the purpose of formation of a residential layout known as ‘Lal Bahaddur Shasthri Nagar 2nd Phase layout’. It was noticed in the case of M.Somashekar (Supra) that though preliminary notification was issued in the year 2006, no further steps had been taken to complete the acquisition proceedings. This Court noticed that the very same impugned notification dated 28.12.2006 had fallen for consideration in the case of Chowdashetty Vs. State of Karnataka and Others in W.P.No.47125/2016 which was decided on 24.10.2016 and Sri.Shivanna Vs. State of Karnataka and others in W.P.No.1409/2018 disposed of on 06.02.2018, while quashing the preliminary notification dated 28.12.2006 by holding that the acquisition proceedings have lapsed. - 5 - HC-KAR NC: 2025:KHC:26248 WP No. 16843 of 2025 4. Therefore, this writ petition is disposed of, in terms of the order dated 22.01.2020 in W.P.No.52285/2019. The impugned notification dated 28.12.2006 at Annexure-A is hereby quashed insofar as the property of the petitioners is concerned. It is ordered accordingly. Sri. T.P.Vivekananda, learned counsel is permitted to file memorandum of appearance within a period of four weeks from today." 4. Learned counsel, Sri. T.P. Vivekananda, appearing for respondent Nos.2 and 3 is not in a position to dispute the position of law as laid down by the Co-ordinate Bench of this Court supra. 5. In that light, I deem it appropriate to dispose the petition on the same grounds that has lead to disposal of the petition by the Co-ordinate Bench of this Court supra. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 92