- 1 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17320 OF 2025 (LA-UDA) BETWEEN: SRI. LOKESH C S/O LATE K CHENNAIAH AGED ABOUT 52 YEARS, R/AT 24461/1, 5TH CROSS, 2ND MAIN, KG KOPPAL, MYSORE - 570 009. …PETITIONER (BY SMT. B.V. VIDYULATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY, 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005, BY ITS COMMISSIONER. 2. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2 AND R3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTLORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 09.10.2006, BEARING NO. LAQ (1) CR 79/2005-06 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 AND ETC., 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 The petitioner seeks to quash the preliminary notification dated 09.10.2006 issued by respondent No.2- Authority at Annexure-A published under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the 'Act'). 2. The acquisition proceedings were initiated by the preliminary notification dated 09.10.2006, proposing to acquire a total extent of 285.34 acres of land in Lingabudi Village, Kasaba Hobli, Mysore, for the purpose of formation - 3 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 of a residential layout known as "Nalwadi Krisnaraja Wadiyar Layout" and the land belonging to the petitioner bearing Survey No.69 measuring 1 acre situated at Yadahallli Village, Jayapura Hobli, Mysore formed part of the preliminary notifications. Learned counsel for the petitioner submits that despite the preliminary notification issued in the year 2006, the respondent-authority has not taken possession nor completed the acquisition proceeding and hence therefore contends that the acquisition proceedings has lapsed. 3. Learned counsel on both sides, rely upon the decisions of the co-ordinate bench of the Court in the case of K.S. Shivakumar v. State of Karnataka and others1 (K.S.Shivakumar) and Sri D. Ravishankar v. State of Karnataka and others2 (D.Ravishankar). In both case, the very same preliminary notification dated 09.10.2006 1 W.P.No.45100-45101/2025 disposed of on 15.10.2015 2 W.P.No.1176/2020 dated 22.01.2020 - 4 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 was quashed insofar as the land belonging to the petitioners therein. 4. In the afore-mentioned decisions, the co-ordinate bench of this Court has held that the proposal for formation of layout had lapsed, since the respondent- authority, has neither passed the award nor taken possession of the scheduled properties. 5. In D. Ravishankar the co-ordinate bench by placing reliance on K.S. Shivakumar, has held as under: 6. The Co-ordinate bench, having considered both the decisions observed that on perusal of the decision of the Hon'ble Supreme Court at para-19 in the case of Bengaluru Development Authority (supra), it was evident that the Supreme Court in the aforesaid decisions had held that in the circumstances mentioned in para-19 of the aforesaid decision, it was not open to the High Court to quash the preliminary notification issued under Section 17 of the Act as land owners, State Government and Bengaluru Development Authority were responsible for creating a mess in the way of planned development of Bengaluru city. - 5 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 7. However, it was held that the factual matrix referred in the case of Bengaluru Development Authority (supra) by the Supreme Court at para-19 of the aforesaid decision was not similar to the factual matrix obtained in the case of land. Therefore, on the ground of parity, the writ petition was allowed and the notification issued under Section 17(1) of the Act was quashed. 8. Moreover, the decisions of the Co-ordinate benches in the case of K.S.Shivakumar and Smt. Putta basamma (supra) have become final and respondent have not challenged the decisions where the very same nofitication was quashed. Therefore this petition is allowed. 6. In the present case, the petitioner has been able to demonstrate that neither the possession has been taken nor any award passed by the respondent-authority, Hence, the ratio laid down in the aforesaid decisions squarely applies to the present case on hand. Accordingly, the notification dated 09.10.2006 is liable to be quashed and hence the following: - 6 - HC-KAR NC: 2025:KHC:41768 WP No. 17320 of 2025 ORDER i. The writ petition is allowed. ii. The impugned notification dated 09.10.2006 at Anenxure-A is hereby quashed insofar as the petitioner's land is concerned. Sd/- ______________________ JUSTICE K.S. HEMALEKHA HDK List No.: 1 Sl No.: 14