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2025 DAILYLAW 80838 (KAR)

SMT. SHOBHA RANI B V v. DEPUTY COMMISSIONER

WP/25132/2025 · 2025-11-05

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44576 WP No. 25132 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. 25132 OF 2025 (LA-RES) BETWEEN: SMT. SHOBHA RANI B.V, D/O. V.R. SWAMY, AGED ABOUT 39 YEARS, R/AT NO. 541, 16TH CROSS, 35TH MAIN, 6TH PHASE, JP NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560 078. …PETITIONER (BY SRI. GIRI KUMAR S.V, ADVOCATE) AND: 1. DEPUTY COMMISSIONER BANNUR HOBLI, T. NARSIPURA TALUK, MYSORE DISTRICT, MYSORE - 570 001. 2. ASSISTANT COMMISSIONER, ASSISTANT COMMISSIONER OFFICE, (MYSORE SUB DIVISION) DC OFFICE PREMISES, GAREBHOVIPALYA, SIDDARTHANAGARA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44576 WP No. 25132 of 2025 MYSORE DISTRICT, MYSORE - 570 011. 3. SPECIAL LAND ACQUISITION OFFICER, 1ST FLOOR, KIADB ZONAL OFFICE, METAGALLI INDUSTRIAL AREA, KRS ROAD, MYSORE DISTRICT, MYSORE - 570 016. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1 AND R2; SRI. C. RAMAKRISHNA, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH BY ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, TO DECLARE THAT THE ACQUISITION COVERED UNDER THE NOTIFICATION BEARING NO. MYSDC/LAQ/69/2025 AND SIGNED ON 24.04.2025 VIDE ANNEXURE-D PASSED BY THE RESPONDENT NO.1 INDICATING AN ACQUISITION TO AN EXTENT OF 5 GUNTAS IN SY. NO. 87/18 OUT OF 1ACRE 22 GUNTAS IN NANJAPURA VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44576 WP No. 25132 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. 2. Sri C. Ramakrishna, learned counsel accepts notice for respondent No.3. 3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. Perused material on record. 4. The petitioner has approached this Court challenging the preliminary notification dated 24.04.2025 issued by the first respondent proposing to acquire petitioner's land to an extent of 5 guntas in Sy. No. 87/1B out of 1 acre 22 guntas, situated at Nanjapura Village, Bannur Hobli, T. Narasipura Taluk, Mysore District for the benefit of third respondent. - 4 - HC-KAR NC: 2025:KHC:44576 WP No. 25132 of 2025 5. Brief facts: The petitioner claims to be the owner of the scheduled property. It is stated that upon issuance of the preliminary notification dated 24.04.2025, the petitioner filed objections to the preliminary notification on 28.07.2025 requesting the authorities to drop the acquisition proceedings, setting out various grounds. The grievance of the petitioner is that said objections have not yet considered by the respondents. 6. This Court is of the view that the grievance of the petitioner can be adequately redressed by directing the respondents to consider the petitioner's objections before proceeding further with the acquisition. 7. Accordingly, this Court pass the following: ORDER (i) The writ petition is disposed of. (ii) The respondents are directed to consider the objections / representation dated - 5 - HC-KAR NC: 2025:KHC:44576 WP No. 25132 of 2025 28.07.2025 submitted by the petitioner before issuing the final notification under the acquisition proceedings and to pass appropriate orders in accordance with law. (iii) Until such consideration and issuance of final notification, the petitioner shall not be dispossessed from the scheduled property. Sd/- ____________________ JUSTICE K.S. HEMALEKHA JY List No.: 1 Sl No.: 14