- 1 - HC-KAR NC: 2025:KHC:51911-DB WA No. 683 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.683 OF 2023 (LA-RES) BETWEEN: 1. THE KARNATAKA HOUSING BOARD REPRESENTED BY COMMISSIONER, HAVING HEAD OFFICE AT: CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560 002. 2. THE EXEUTIVE ENGINEER THE KARNATAKA THE KARNATAKA HOUSING BOARD, SUB-DIVISION, AT SARASWATHIPURAM, MYSORE-560 009. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560002. …APPELLANTS (BY SRI. H L PRADEEP KUMAR, ADVOCATE) AND: 1. SRI D S LINGARAJU S/O SIDDABASAVAIAH AGED ABOUT 63 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51911-DB WA No. 683 of 2023 DEAD BY HIS LR'S (SINCE DECEASED REPRESENTED BY LR'S) 1(A) SMT. MADHAVI W/O LATE LINGARAJU D.S. AGED ABOUT 59 YEARS 1(B) SRI PRAMODH D.L. S/O LATE LINGARAJU D.S. AGED ABOUT 39 YEARS 1(C) SHRUTHI D.L D/O LATE LINGARAJU .D.S. AGED ABOUT 41 YEARS No.169, DHANAGAHALLI, JAYAPURA HOBLI, MYSORE-570 008. 2. SMT. D. R. SHARADHA W/O SHIVARAJU AGED ABOUT 47 YEARS DHANAGAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK -570 008. 3. M/S. SREE ROYAL EDUCATION SOCIETY (REG.) SREE ROYAL HIGH SCHOOL, AT: SY. NO.99/2, KENCHALAGODU VILLAGE, D.SALUHUNDY POST, JAYAPURA HOBLI, MYSORE TALUK, MYSORE-570 008. 4. THE STATE OF KARNATAKA - 3 - HC-KAR NC: 2025:KHC:51911-DB WA No. 683 of 2023 REPRESENTED BY ITS CHIEF SECRETARY, 5. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S.BUILDING, DR.B.R.AMBEDKAR ROAD, BANGALORE-560 001. 6. THE UNDER SECRETARY REVENUE DEPARTMENT (LAND ACQUISITION), GOVERNMENT OF KARNATAKA M.S.BUILDING, DR. B.R.AMBEDKAR ROAD, BANGALORE-560 001. 7. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE-570005 …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R4 TO R7; SRI. FAYAZ SAB B.G., ADV. FOR PROPOSED IMPLEADING APPLICANTS AS R8 & R9) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR RECORDS PERTAINING TO WP No.59654/2014 (LA-RES) b) SET ASIDE THE IMPUGNED ORDER DATED 22.07.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.59654/2014(LA-RES). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:51911-DB WA No. 683 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the Karnataka Housing Board ('KHB' for short) challenging the order dated 22.07.2022 passed in W.P. No.59654/2014. The learned Single Judge allowed the writ petition by quashing the Preliminary Notification insofar as the land in question is concerned. 2. The original petitioners before the learned Single Judge have filed an affidavit along with a copy of the resolution of the appellant- Board dated 17.03.2023 and it is agreed that they are ready to receive the developed sites at the ratio of 50:50. Further, they undertook that they have consented for the acquisition proceedings. The resolution of the appellant- Board also indicates that the existing structure of the School will be allotted to respondent No.3- Sree Royal Education Society (Regd.). 3. In view of the aforesaid affidavit, which has been agreed by the appellants, the appeal is disposed of by - 5 - HC-KAR NC: 2025:KHC:51911-DB WA No. 683 of 2023 directing the appellants to adhere to the resolution dated 17.03.2023. 4. In view of acceptance of the resolution by the private respondents/land owners, the acquisition is upheld. The order of the learned Single Judge to the aforesaid effect is modified. In view of disposal of the main appeal, pending application(s), if any, stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 46