- 1 - HC-KAR NC: 2025:KHC:44589 WP No. 32536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32536 OF 2025 (LA-UDA) BETWEEN: SRI. NINGE GOWDA S/O CHIKKALINGE GOWDA, AGED ABOUT 57 YEARS, R/AT 20/A, CHIKKEGOWDA HUNDI, HADAJANA POST, VARUNA HOBLI, MYSORE TALUK AND DISTRICT - 571 311. …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. 3. SPCIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1; SMT. SHILPA SHAH, ADVOCATE FOR R2 AND R3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44589 WP No. 32536 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION DATED 12.12.2006, BEARING NO. LAQ (6) CR 434/2005-06 ISSUED BY THE 2ND RESPONDENT AUTHORITY AT ANNEXURE B TO THEWRIT 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 learned Additional Government Advocate is directed to accept notice for respondent No.1. 2. Sri T.P. Vivekananda, learned counsel is directed to accept notice for respondents No.2 and 3. 3. The petitioner has approached this Court challenging preliminary notification dated 12.12.2006 issued by second respondent - Authority and seeks a declaration that the land acquisition proceedings initiated - 3 - HC-KAR NC: 2025:KHC:44589 WP No. 32536 of 2025 in respect of the petitioner's scheduled property have lapsed. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the State and learned counsel for the Mysore Urban Development Authority. Perused the records. 5. The case of the petitioner is that the petitioner's land bearing Sy. No.47 measuring 2.8 guntas out of 35.08 guntas of Hosahundi Village, Kasaba Hobli, Mysore Taluk was proposed for acquisition under the preliminary notification dated 12.12.2006 issued under Section 17 of the Karnataka Urban Development Authorities Act, 1987. It is contended that though the said land was notified for acquisition, the proceedings were not completed and no final notification was issued even after a lapse of more than 18 years. It is submitted that the petitioner continues to remain in possession of the property and that similar petitions, challenging the same notification have - 4 - HC-KAR NC: 2025:KHC:44589 WP No. 32536 of 2025 already been considered and allowed by this Court in J.DAYANAND Vs. STATE OF KARNATAKA1 and in SMT. RENUKA Vs. STATE OF KARNATAKA AND OTHERS2, wherein this Court quashed the preliminary notification on identical grounds. 6. Taking note of the fact that no steps have been taken by the respondents pursuant to the preliminary notification dated 12.12.2006, and following the ratio laid down in the aforesaid decisions, this Court is of the considered view that the acquisition proceedings insofar as the petitioner's land is concerned have lapsed by efflux of time. 7. Accordingly, this Court pass the following: ORDER i) The writ petition is allowed. 1 WP.No.14683/2023 disposed on 07.09.2023 2 WP.No.9902/2023 disposed on 05.06.2023 - 5 - HC-KAR NC: 2025:KHC:44589 WP No. 32536 of 2025 ii) The preliminary notification dated 12.12.2006 issued by the respondent - authority is quashed insofar as it relates to the petitioner's land bearing Sy.No.47 measuring 2.08 guntas out of 35.08 guntas situated at Hosahundi Village, Kasaba Hobali, Mysore Taluk and District. iii) It is hereby declared that the acquisition proceedings in respect of the petitioner's land have lapsed. Sd/- ____________________ JUSTICE K.S. HEMALEKHA JY List No.: 1 Sl No.: 28 CT: BHK