- 1 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.21238 OF 2025 (LA-UDA) BETWEEN: SRI. MALLIK. N. S. S/O LATE P. NAGASUNDARA MURTHY, AGED ABOUT 48 YEARS, RESIDING AT NO.490, YOGASHREE, 6TH LINK ROAD, 7TH MAIN, ALANAHALLI LAYOUT, LALITHMAHAL NAGARA, MYSURU – 570 026. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, BANGALORE - 560 001. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 2. THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE – 570 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE – 570 001. …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1; SRI. T. P. VIVEKANANDA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 12.12.2006 BEARING NO.LAQ(6)CR 434/2005-06 ISSUED BY THE THIRD RESPONDENT AT ANNEXURE-G, IN SO FAR AS THE SCHEDULE PROPERTY BELONGS TO THE PETITIONER IS CONCERNED AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "1. issue a writ of certiorari or any other similar writ or order or direction, quashing the Preliminary Notification dated 12.12.2006 bearing No.LAQ(6)CR 434/2005-06 issued by the third Respondent at Annexure- G, in so far as the schedule property belongs to the petitioner is concerned. (Or in alternatively) Issue a writ in the nature of Declaration or any appropriate or Order or direction, declaring that the land acquisition proceedings initiated by issuance of the Preliminary Notification dated 12.12.2006 bearing No. LAQ(6)CR 434/2005-06 issued by the third Respondent at Annexure-G 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 the schedule property belongs to the petitioner is concerned. 2. grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstance of the case in the interest of justice and equity." 2. Heard Sri.Harsha Kumar Gowda H.R., learned counsel appearing for the petitioner, Sri.M.Rajakumar, learned AGA appearing for respondent No.1, Sri.T.P.Vivekananda, - 4 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record. 3. Learned counsel appearing for the petitioner and the respondents in unison would submit that the issue in the lis is identical to what is decided by the Coordinate Bench in W.P.No.11027/2022 disposed on 08.07.2022. The said order reads as follows: "1. The learned AGA accepts notice for respondent No.1. Sri.H.C.Shivaramu, learned Standing counsel accepts notice for respondents No.2 and 3. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a Writ of Certiorari or any other similar writ or Order or Direction, quashing Preliminary Notification dated 12.12.2006, bearing No. LAQ(6)CR 434/2005-06 issued by the 2nd Respondent Authority at Annexure-A to the Writ Petition in so far as Schedule Property belonging to the Petitioners 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:12.12.2006, bearing No.LAQ(6) CR 434/2005-06 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 Petitioners is concerned. - 5 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 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. 3. The contention of the petitioner is that the very same acquisition under which the lands of the petitioner in Sy.Nos.60/1, 60/3A and 60/3B in Sarkariuttanahalli Village, Kasaba Hobli, Mysuru Taluk were acquired has been quashed by this Court in W.P.Nos.47459- 461/2018 on 26.06.2019 and the said order has been followed in various other Writ Petitions insofar as the formation of the layout called “Shanthaveri Gopal Gowda” 2nd Stage in Mysuru is concerned. 4. On this ground, the learned counsel for the petitioner submits that the benefit of the order passed in W.P.Nos.47459-461/2018 is required to be extended to the petitioner also. 5. Sri.H.C.Shivaramu, learned Standing counsel for respondents No.2 and 3 submits that the said order would apply to the petitioner’s case also. 6. In view thereof, I pass the following: ORDER i. The Writ petition is allowed. ii. A Writ of Certiorari is issued, the preliminary notification bearing No.LAQ (6) CR 434/2005-06 dated 12.12.2006 in respect of petitioner’s property in Sy.Nos.60/1, 60/3A and 60/3B in Sarkariuttanahalli Village, Kasaba Hobli, Mysuru Taluk is hereby quashed." Therefore, the issues as answered by the Coordinate Bench of this Court supra and in the light of the issues standing - 6 - HC-KAR NC: 2025:KHC:37699 WP No. 21238 of 2025 covered on all its fours, the writ petition stands disposed on the very same findings and the observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 177