- 1 - HC-KAR NC: 2025:KHC:45270 WP No. 28820 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28820 OF 2025 (LA-UDA) BETWEEN: K.M. ACHAIAH S/O K.K. MUDDAPPA, AGED ABOUT 75 YEARS, RESIDING AT BELOW MENTIONED ADDRESS, R/O KURUBARAHALLI, KASABA HOBLI, MYSORE-571311. …PETITIONER (BY SMT. KUSUMA M., ADVOCATE (V/C)) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE-560001. 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570005 BY ITS COMMISSIONER. 3. SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570005. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP FOR R-1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45270 WP No. 28820 of 2025 QUASHING PRELIMINARY NOTIFICATION DATED 03.04.2006, BEARING NO.LAQ(5)CR 540/2005-06 ISSUED BY THE 2ND RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking to quash the Preliminary Notification dated 03.04.2006 at Annexure-A 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 petitioner's schedule property. 2. Heard the learned counsel for the petitioner, learned Additional Government Advocate appearing for respondent No.1 and Sri. T.P.Vivekananda, learned counsel for respondent Nos.2 and 3. Perused the material on record. - 3 - HC-KAR NC: 2025:KHC:45270 WP No. 28820 of 2025 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 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." 1 WP.No.7505/2014(LA-UDA), D.D.17.11.2020 - 4 - HC-KAR NC: 2025:KHC:45270 WP No. 28820 of 2025 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 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-A and all further proceedings pursuant thereto and declaration are hereby quashed, insofar as the petitioner's schedule property is concerned. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL/List No.: 1 Sl No.: 34