- 1 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35495 OF 2016 (GM-SLUM) BETWEEN: 1. VASANTHA PADMA WIFE OF KANTHA RAJ, AGED ABOUT 70 YEARS, RESIDENT OF NO.295, 7TH MAIN, SADASHIVANAGAR, BENGALURU -560 080. …PETITIONER (BY SRI. DINESH RAO N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, HOUSING MINISTRY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001. 2. KARNATAKA SLUM CLEARANCE BOARD REPRESENTED BY ITS SECRETARY, NO.55, RISALDAR STREET, SHESHADRIPURAM, BENGALURU -560 020. 3. THE ASSISTANT COMMISSIONER KARNATAKA SLUM CLEARANCE BOARD, NO.55, RISALDAR STREET, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 SHESHADRIPURAM, BENGALURU -560 020. 4. THE COMMISSIONER CITY MUNICIPALITY, POONA BANGALORE ROAD, DAVANAGERE - 577001. 5. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANGERE - 577001. 6. THE DISTRICT REGISTRAR DAVANAGERE DISTRICT, DAVANAGERE - 577001. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1, R5 & R6; SRI. D. VENUGOPAL, ADVOCATE FOR R2 & R3; SRI. B.K. MANJUNATH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 3 & 5 TO ISSUE FINAL NOTIFICATION PURSUANT TO PRELIMINARY NOTIFICATION NO.VAE81 KMA E 2007 DATED 17.3.2008 COPY OF WHICH IS PRODUCED AS ANNXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, the petitioner has sought for a writ of mandamus, directing the respondent - authority to issue final Notification pursuant to the issuance of the Notification dated 17.03.2008 (Annexure-G), inter alia, sought for compensation as required under law. 2. Heard Sri. Dinesh Rao N., learned counsel appearing for the petitioner, Sri. D. Venugopal, learned counsel appearing for the respondent Nos.2 and 3, and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent Nos.1, 5 and 6. 3. Sri. Dinesh Rao, learned counsel appearing for the petitioner submitted that, the petitioner herein is the owner of the land in question and the respondents have issued the Notification dated 10.12.1976(Annexure-A) under Section 3 of the Karnataka (Slum Areas Improvement and Clearance) Act, 1973 (for short, the Act), proposed to acquire the land in question by declaring the same as slum area. It is argued that - 4 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 said Notification is void as per para 5 of the Writ Petition. It is further stated that though the said Notification has been issued by the respondent - authorities, no Award has been passed nor compensation has been paid to the petitioner in furtherance of the Notification issued at Annexure-A to the Writ Petition and therefore it is contended by the learned counsel appearing for the petitioner that, writ of mandamus be issued to the respondents to issue the final Notification. 4. It is also submitted by the learned counsel for the petitioner by referring to I.A.1/2023, wherein the petitioner has sought for a direction to the respondents to evict the occupants of the land and to handover possession by awarding adequate compensation of Rupees Five Crores, to the petitioner herein. In this regard, it is argued that the petitioner is having Constitutional right under Article 300A of the Constitution of India and the said right has been deprived of by the respondents and accordingly, the petitioner has sought for interference of this Court. 5. Per contra, learned Additional Government Advocate referred to the Order dated 21.07.2025 passed by this Court - 5 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 and the Government Order dated 20.06.2022 (Annexure-X) and submitted that though the Preliminary Notification has been issued for acquiring the land in question, however the final Notification has not been issued and further the Government had taken a decision in furtherance of the Notification dated 28.05.2019 (Annexure-U), reflecting the earlier Notification dated 10.12.1976, that the respondent - Government has withdrawn the Preliminary Notification and therefore, he submitted that writ of mandamus does not lie against the respondents to issue the final Notification. 6. Sri. D. Venugopal, learned counsel for respondent Nos.2 and 3, submitted that, since the Government has already issued the Government order dated 20.06.2022 and therefore, no interference is called for in this Writ Petition. 7. In the light of the submissions made by the learned counsel appearing for the parties, is it not in dispute that the respondent - authorities have issued the Notification dated 10.12.1976 and sought to acquire the land belonging to the petitioner under Section 3 of the Act, for the benefit of slum dwellers. - 6 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 8. It is also forthcoming from the writ papers that another Notification dated 17.03.2008 (Annexure-G) has been issued by the respondent - authorities notifying the schedule land for the benefit of the slum dwellers. That apart, the petitioner herein has also produced another Notification dated 28.05.2019, wherein it reflects the first Notification issued by the respondent - authorities to acquire the land in question under Section 3 of the Act, wherein objections have been called for with regard to feasibility of acquisition to be made in respect of the subject land. However it is forthcoming from the Notification dated 20.06.2022 (Annexure-X), wherein the respondent - Government, dropped the acquisition proceedings and as such, withdrawn the earlier Notification issued for the purpose of acquiring the schedule land belonging to the petitioner herein. 9. In that view of the matter, taking into consideration that the writ papers would indicate that, concurrence of the finance Department was not taken at the time of issuance of the Preliminary Notification under Section 3 read with Section 17 of the Land Acquisition Act and therefore the Preliminary - 7 - HC-KAR NC: 2025:KHC:40786 WP No. 35495 of 2016 Notification has been withdrawn by the respondent - Government, and I am of the view that, this Court has no jurisdiction under Article 226 of the Constitution Of India to direct the respondent - authorities to issue the final Notification in pursuance of the Notification dated 07.03.2008 (Annexure- G). However, in so far as the argument advanced by the learned counsel for the petitioner with regard to seeking compensation or to restore the land in question to the petitioner is concerned, such disputed questions of fact cannot be adjudicated under Articles 226 and 227 of the Constitution of India. In that view of the matter, it is open for the petitioner to approach the competent Court / authority for resolution of disputed facts as stated in this Writ Petition. 10. No interference is called for in this Writ Petition. The Writ Petition is accordingly, dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21