- 1 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34380 OF 2025 (LA-UDA) BETWEEN: 1. KALPANA B, W/O LATE RAJASHAKER, AGE ABOUT 58 YEARS, R/A 1064 SARVAJANIK HOSPITAL ROAD, VIDYARANAYAPURAM, KILLA MOHALLA, MYSURU 57008. 2. HEMANTHKUKMAR, S/O CHIKKANAIAH, AGED ABOUT 40 YEARS, R/O 112 KASABA HOBLI, HADJANAPOST, ELIGEHUNDI, MYSURU 571 211. 3. C VIJAY, S/O LATE C CHIKKAIAH, AGED ABOUT 56 YEARS, 3276, OOTY ROAD, DATTA NAGAR, MYSURU 570 025. …PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU 560 001. 2. MYSURU DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, JLB ROAD, MYSURU 570 005. 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU DEVELOPMENT AUTHORILTY, MYSURU 570 005. …RESPONDENTS (BY SRI. T P VIVEKANANDA.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO 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 PETITIONER NO.1 LAND BEARING SY.NO.37/1 (OLD SY., NO.37) MEASURING 1 ACRE 27.12.00 GUNTAS, THE PETITIONER NO.2 LAND BEARING SY.NO.37/1 (OLD SY., NO.37) MEASURING 5 GUNTAS AND THE PETITIONER NO.3 LAND BEARING SY., NO.37/10 (OLD SY.NO.37) MEASURING 0.05.04.00 GUNTAS, ALL THE THREE LANDS HAVE BEEN SITUATED AT BANDIPLAYA VILLAGE, KASABA HOBLI, MYSURU TALUK (SL. NO.52 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN W.P.NO.54709/2016 DATED 24/10/2016, W.P.NOS.25692-25693/2018 DATED 19/06/2018 AND W.P.NO.14683/2023 (LA-UDA) DATED 07/09/2023 VIDE ANNEXURE-D, D1 AND D2 RESPECTIVELY. - 3 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri. T.P.Vivekananda, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. The petitioners seeks to quash the preliminary notification dated 12.12.2006 (Annexure-A) issued by respondent No.2-Authority published under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the 'Act'). 4. The acquisition proceedings were initiated by preliminary notification dated 12.12.2006, proposing to acquire the entire land in Sy.No.37 situated at Bandiplaya village, Kasaba Hobli, Mysuru Taluk (for short 'the schedule property') and other surroundings lands for the - 4 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 purpose of forming a residential layout known as "Shanthaveri Gopalagowda Nagar, 2nd Stage." The petitioners' lands are situated at Bandipalya Village, Kasaba Hobli, Mysuru Taluk. Learned counsel for the petitioners submits that despite the preliminary notification issued in the year 2006, the respondent authority has neither taken possession nor completed the acquisition proceedings. Hence, it is contended that the acquisition proceedings has lapsed. 5. Learned counsel on both sides, rely upon the decisions of the co-ordinate bench of the Court in the case of Sri Kullachari and Others v. State of Karnataka and others1 (Sri Kullachari) and in the case of Smt. Sannaningamma and Others v. State of Karnataka and Others2 (Smt. Sannaningamma), wherein the very same preliminary notification dated 12.12.2006 was quashed insofar as the land belonging to the petitioners 1 W.P.No.45022/2017, D.D.26.10.2017 2 W.P.No.25692-25693/2018, D.D.19.06.2018 - 5 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 therein were concerned. In those cases, the co-ordinate bench held that the claim for formation of layout had lapsed, as the respondent-authority had not passed an award and not taken possession of the schedule properties therein. 6. The co-ordinate bench of this Court in the case of Smt. Sannaningamma and others v. State of Karnataka and others, by relying upon Sri Kullachari, has observed under: 4. Learned counsel for the petitioners submit that no declaration or final notification came to be issued under Section 19 of the Act and as such, acquisition has elapsed. He also submits that under similar circumstances, Co-ordinate Benches of this Court in W.P.Nos.49714-715/2016 and connected matter disposed of on 24.10.2016 and W.P.No.45022/2017 (LA-UDA) disposed of on 26.10.2017 had granted relief to the petitioners in respect of land owners therein and copies of the orders passed in said writ petitions are produced at Annexures-‘E’ and ‘E-1’ respectively, and prays for similar order being passed in these writ petitions also by quashing the - 6 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 preliminary notification in so far as lands of petitioners are concerned. 5. Learned counsel appearing for respondents does not dispute the fact that under similar circumstances preliminary notification insofar as petitioners therein are concerned having been quashed in terms of the order produced at Annexures-‘E’ and ‘E-1’. 6. In the light of aforestated facts and circumstances and submissions made by learned counsel appearing for parties and order passed by the Co-ordinate Benches referred to herein supra being squarely applicable to the facts on hand, petitioners are entitled to succeed in these petitions also. Hence, preliminary notification dated 12.12.2006– Annexure-A , insofar as the lands belonging to the petitioners herein in Survey No.10/1 situated at Sarakari Uttanahalli, Varunal Hobli, Mysuru Taluk and District measuring 0.01.12.00 guntas of land in respect of petitioner No.1 and land measuring 0.10.08.00 guntas of land belonging to petitioner Nos.2 to 27 is hereby quashed. Accordingly, writ petitions are allowed. 7. In the present case, the petitioners have established that neither possession has been taken nor - 7 - HC-KAR NC: 2025:KHC:50051 WP No. 34380 of 2025 award passed by the respondent-authority. The decisions placed reliance squarely applies to the present case. Accordingly, the following: ORDER i. The writ petition is allowed. ii. The impugned notification dated 12.12.2006 (Annexure-A) is hereby quashed insofar as the petitioners' lands are concerned. Sd/- ______________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 14