- 1 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 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. 34838 OF 2025 (LA-UDA) BETWEEN: 1. SMT.MAYAMMA, W/O LATE HONNE NAYAKA, AGED ABOUT 76 YEARS, R/O NO. 577, LALITADRIPURA VILLAGE, VARUNA HOBLI, MYSURU- 570 010. 2. SRI MAYANNA, S/O CHENNAIAH, AGED ABOUT 56 YEARS, R/O NO.576, GOWDRA BEEDI, BEHIND RAMAMANDIRA, LALITADRIPURA VILLAGE, VARUNA HOBLI, MYSURU- 570 010. 3. SMT. BHAGYAMMA, W/O MAHADEVANAYKA, AGED ABOUT 52 YEARS, BAGALI, CHAMARAJANAGARA TALUK, AND DISTRICT-571 316. 4. SMT. BHAGYA, W/O SRIKANTA, AGED ABOUT 49 YEARS, NO.576, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 BEHIND RAMA MANDIRA, LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU-570 010. 5. SMT. MAHADEVAMMA, W/O MAHADEVA NAYAKA, AGED ABOUT 49 YEARS, HOSABADAVANE, ALAGUDU VILLAGE, KASABA HOBALI, T NARASIPURA TALUK, MYSURU-571 124. …PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, J.L.B ROAD, MYSURU- 570 007. 3. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELEOPMNT AUTHORITY, JLB ROAD, MYSURU- 570 007. …RESPONDENTS (BY SRI. HARISHA A S., AGA FOR R1; SRI. T P VIVEKANANDA., ADVOCATE FOR R2 AND R3) - 3 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (4) CR31/2005-06 DATED 13/12/2006, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A. PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 IN RESPECT OF THE PETITIONER LAND BEARING SURVEY NO. 119/7 MEASURING 2 GUNTAS SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SI. NO 84 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P. NO.56078/2016 (LA-UDA) DATED 03/11/2016, W.P.NOS.29288-29289/2019 (LA-UDA) DATED 12/07/2019 AND W. P. NO. 11742/2020 DATED 21/10/2020 VIDE ANNEXURE-D, D1 AND D2, RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 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 13.12.2006 (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 13.12.2006, proposing to acquire the entire land in Sy.No.119/7, measuring 2 guntas situated at Lalithadripura village, Varuna Hobli, Mysuru Taluk (for short 'the schedule property') and other surroundings lands for the purpose of forming a residential layout known as "Lalithadri Nagar, 2nd Stage." The petitioners' lands are situated at Lalithadripura village, - 5 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 Varuna 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 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 1 W.P.No.45022/2017, D.D.26.10.2017 2 W.P.No.25692-25693/2018, D.D.19.06.2018 - 6 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 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 preliminary notification in so far as lands of petitioners are concerned. 5. Learned counsel appearing for respondents does not dispute the fact that under - 7 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 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 award passed by the respondent-authority. The decisions placed reliance squarely applies to the present case. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC:50053 WP No. 34838 of 2025 ORDER i. The writ petition is allowed. ii. The impugned notification dated 13.12.2006 (Annexure-A) is hereby quashed insofar as the petitioners' lands are concerned. SD/- ______________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 18