- 1 - HC-KAR NC: 2025:KHC:45946 WP No. 27965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.27965 OF 2025 (LA-UDA) BETWEEN: 1. J. BAPUJI S/O LATE SUBRAMANYA REDDY, AGED ABOUT 63 YEARS, #36, BALAJI NILAYA, T.K LAYOUT 3RD PHASE, KUVEMPUNAGAR, MYSURU-23. 2. HARE KRISHNA SHELTERS PVT. LTD., REGISTERED UNDER COMPANIES ACT, 2013 B. DEEPAK KUMAR, MANAGING DIRECTOR, S/O BHAWARLAL KOTHARI, #370, ANANDA MARGA, SIDDARTHA NAGAR, MYSURU-11. REPRESENTED BY MANAGING DIRECTOR CENTRAL REGISTRATION CENTRE. 3. K. MANU, S/O LATE CD KRISHNEGOWDA, AGED ABOUT 59 YEARS, 4. K. MOHAN ALIAS MANOHAR GOWDA S/O LATE CD KRISHNEGOWDA, AGED ABOUT 63 YEARS, REPRESENTED BY GPA HOLDER K. MANU, 5. KD SHOBA, W/O MURALI, AGED ABOUT 55 YEARS, 6. M. MANIKA, D/O KD SHOBA & K. MURALI, AGED ABOUT 32 YEARS, REPRESENTED BY GPA HOLDER KD SHOBA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45946 WP No. 27965 of 2025 PETITIONER NO.3 TO 6 ARE R/AT #191/2, SARASWATHI FARM, CHAMUNDI HILL ROAD, J.C. NAGAR, MYSURU-11. …PETITIONERS (BY SRI AKARSH KUMAR GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY OF GHE DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE -01. 2. THE MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, JHANSI RANI LAKSHMI BAI ROAD, MYSURU-570005. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 03.04.2006 LAQ(5)CR540- 2005-06, GAZETTED ON 06.04.2006 IN THE OFFICIAL GAZETTE ISSUED BY THE 2ND RESPONDENT, IN SO FAR AS THE PETITIONERS’ LAND IS CONCERNED WHICH IS AT SERIAL NO.13, 14, 15, 16, 17, 24 AND 27 VIDE ANNEXURE-F AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45946 WP No. 27965 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking to quash the Preliminary Notification dated 03.04.2006 at Annexure-F issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (for short 'KUDA Act'), insofar as it relates to the petitioners schedule properties. 2. Heard the learned counsel for the petitioners, learned Additional Government Advocate appearing for respondent No.1 and Sri. T.P.Vivekananda, learned counsel for respondent No.2. Perused the material on record. 3. Learned counsel for both sides fairly submit that the issue involved in the present writ petition is squarely covered by the decision of the Co-ordinate Bench of this Court in the case of SHRI. C.BHASKARAN Vs. STATE OF - 4 - HC-KAR NC: 2025:KHC:45946 WP No. 27965 of 2025 KARNATAKA AND OTHERS1, wherein the Co-ordinate Bench has allowed the petition and quashed the Preliminary Notification dated 03.04.2006 issued by respondent No.2 insofar as the petitioner therein was concerned. The operative portion of C.BHASKARAN's case (supra) reads as under: (i) Petition is hereby allowed. (ii) The impugned preliminary notification at Annexure-D dated 03.04.2006 and acquisition proceedings pursuant thereto are declared to have been abandoned and lapsed and the same are hereby quashed insofar as the schedule property of the petitioner is concerned. (iii) The impugned Endorsement vide Annexure-Q dated 28.09.2013 issued by respondent No.2 is also hereby quashed." 4. It is not in dispute that no further proceedings have been initiated pursuant to the Preliminary Notification dated 03.04.2006. In view of the fact that the issue 1 WP.No.7505/2014(LA-UDA), D.D.17.11.2020 - 5 - HC-KAR NC: 2025:KHC:45946 WP No. 27965 of 2025 involved in this petition is squarely covered by the aforesaid decision, no further adjudication is required in the present case. Accordingly, this Court pass the following: ORDER i) The Writ Petition is allowed. ii) The impugned Preliminary Notification dated 03.04.2006 at Annexure-F and all further proceedings pursuant thereto and declaration are hereby quashed, insofar as the petitioners schedule properties are concerned. Sd/- ______________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 66