- 1 - HC-KAR NC: 2025:KHC:51081 WP No. 34769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34769 OF 2025 (LA-UDA) BETWEEN: 1. S PRASAD S/O, SIDDAIAH AGED ABOUT 45 YEARS NO 316, 2ND CROSS NAVILU ROAD, A AND B BLOCK KUVEMPUNAGAR, MYSORE -570 023 2. S. PRASANNA KUMAR S/O, SIDDAIAH AGED ABOUT 47 YEARS NO. 117, 12TH CROSS, 5TH MAIN CHINNAGIRIKOPPAL, JAYANAGAR MYSORE -570 014 …PETITIONERS (BY SRI. SAMPATH KUMAR A V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE-01 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51081 WP No. 34769 of 2025 2. MYSORE URBAN DEVELOPMENT AUTHORITY JLB ROAD, MYSORE -570 007 REP. BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY JLB ROAD, MYSORE -570 007 …RESPONDENTS (BY SRI.HARISHA A.S. AGA FOR R1; SRI.T.P.VIVEKANANDA, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE WRIT OF CERTIORARI OR IN THE NATURE THEREOF OR ANY OTHER APPROPRIATE WRIT, QUASHING THE IMPUGNED PRELIMINARY NOTIFICATION NOTICE DATED 09.10.2006 VIDE NOTIFICATION BEARING NO. LAQ(1) CR 79/2005-06 IN RESPECT OF LAND BEARING SY NO.79 MEASURING 5 ACRE 33 GUNTAS, SITUATED AT LINGAMBUDI VILLAGE, KASABA HOBLI, MYSORE TALUK ISSUED BY RESPONDENT NO.2 (ANNEXURE-A) PROPOSING TO ACQUIRE THE LANDS FOR FORMATION OF NALVADI KRISHNARAJA WODEYAR NAGARA LAYOUT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:51081 WP No. 34769 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri T.P. Vivekananda, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The petitioners claim to be the owners of the land bearing Sy.No.79 measuring 5 acres, 33 guntas situated at Lingambudi Village, Kasaba Hobli, Mysuru Taluk. 4. Under the preliminary notification dated 09.10.2006 (Annexure-A) issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (‘Act’ for short), the land of the petitioners were proposed for the formation of the residential layout known as Nalvadi Krishnaraja Wodeyar Nagar, Layout. It is the specific contention of the learned counsel for the petitioners that no final notification under Section 19 of the Act has been issued till date and therefore, the - 4 - HC-KAR NC: 2025:KHC:51081 WP No. 34769 of 2025 acquisition initiated under the preliminary notification has lapsed. In support, learned counsel reliance on decision of this Court in Sri C. Mahadevu Vs. State of Karnataka and Others1 (C. Mahadevu), wherein, similarly placed landowners were extended relief. 5. Learned counsel for the respondents fairly does not dispute that the issue involved in the present writ petition is covered by the said decision in C. Mahadevu’s case stated supra. 6. The submission is recorded. 7. This Court, in Sri C. Mahadevu’s has held at paragraph Nos.5 and 6 held as under: “5. In the circumstances, the order referred to above being squarely applicable to petitioner herein, Preliminary Notification dated 09.10.2006 is quashed insofar as lands belonging to the petitioner herein are concerned. 1 W.P.Nos.30739/2015 c/w 10916/2015 D.D 04.09.2015 - 5 - HC-KAR NC: 2025:KHC:51081 WP No. 34769 of 2025 6. Accordingly, writ petitions are allowed. No costs.” 8. In view of the above, and as the facts in the present case stand on the same footing as in C. Mahadevu’s case, the said decision squarely applies to the case of the petitioners. Accordingly, preliminary notification dated 09.10.2006 is quashed insofar as it relates to the petitioners’ land. Accordingly, the writ petition is allowed. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17