- 1 - HC-KAR NC: 2025:KHC:45269 WP No. 25733 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.25733 OF 2025 (LA-UDA) BETWEEN: 1. SRI KENCHEGOWDA S/O. KENCHEGOWDA, AGED ABOUT 65 YEARS, R/AT #104, FLOOR MILL ROAD, DASANAKOPPALU, JAYAPURA HOBLI, MYSORE TALUK, MYSORE-570026. 2. SRI KENCHEGOWDA S/O. CHIKKAHONNEGOWDA, AGED ABOUT 50 YEARS, R/AT #275, DASANA KOPPALU, JAYAPURA HOBLI, MYSORE TALULK, MYSORE-570026. …PETITIONERS (BY SRI PRASANNA KUMAR H.G., ADVOCATE) 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, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45269 WP No. 25733 of 2025 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, QUASHING PRELIMINARY NOTIFICATION DATED 06.10.1997, BEARING NO.LAQ(1)CR/82/97-98 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS 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 petitioners have approached this Court seeking to quash the Preliminary Notification dated 06.10.1997 issued by respondent No. 3-authority at Annexure-A in so far it relates to the petitioners schedule property. 2. Learned counsel on both sides fairly submit that the issue involved in this petition is squarely covered by the decision of the co-ordinate Bench of this Court in the case of Sri Venkatappa and Others vs State of - 3 - HC-KAR NC: 2025:KHC:45269 WP No. 25733 of 2025 Karnataka and Others1 (Venkatappa), wherein the very same Preliminary Notification dated 06.10.1997 is quashed insofar as the petitioners therein are concerned on the ground that the acquisition has lapsed since no Final Notification is issued. 3. The co-ordinate Bench in Venkatappa's case (supra) has held at para No. 5 as under : “5. In the circumstances, order referred to above being squarely applicable to petitioners herein, Preliminary Notification dated 06.10.1997 is quashed in so far as lands belonging to the petitioners herein are concerned. Writ petitions are hence allowed.” 4. The present petition is squarely covered by the decision in Venkatappa’s case (supra). Therefore, this Court pass the following : ORDER (i) The Writ Petition is allowed. 1 W.P Nos. 58604-608 of 2017, D.D 04.01.2018 - 4 - HC-KAR NC: 2025:KHC:45269 WP No. 25733 of 2025 (ii) The impugned Preliminary Notification dated 06.10.1997 is quashed in so far as lands belonging to the petitioners herein are concerned. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 32