- 1 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21378 OF 2024 (LA-RES) BETWEEN: SRI B. VENKATA REDDY S/O LATE BYRAPPA, AGED ABOUT 70 YEARS, R/AT NEAR SUBHASH ROAD, SRINIVASPURA TOWN, SRINIVASPURA TALUK, KOLAR DISTRICT-563 138. …PETITIONER (BY SRI VENKATARAMA REDDY L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT (LAND ACQUISITION 2) REPRESENTED BY ITS UNDER SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KOLAR SUB-DIVISION, KOLAR, KOLAR DISTRICT-563 101. 3. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LTD. (KPTCL), KAVERI BHAVAN, BENGALURU-560 009. 4. THE CHIEF ENGINEER KARNATAKA POWER TRANSMISSION Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 CORPORATION LTD. (KPTCL), ANAND RAO CIRCLE, BENGALURU-560 009. 5. THE EXECUTIVE ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LTD. (KPTCL), B.M.ROAD, NEAR VINAY SABHANGANA, KOLAR, KOLAR DISTRICT-563 101. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI PADMA S. UTTUR, ADVOCATE FOR R-3 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION IN THE NATURE OF CERTIORARI QUASHING PRELIMINARY NOTIFICATION MADE IN NO. LAQ/SR-04/88-89 AS PER ANNEXURE-F DATED 03.09.2021 AND FINAL NOTIFICATION MADE IN NO. RD-02- AQK-2021 AS PER ANNEXURE-G DATED 10-08-2023 PASSED BY RESPONDENTS NO.1 AND 2 AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, 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 quashing of the preliminary notification dated 03.09.2021 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act, 2013’ for short) and the final notification dated 10.08.2023, issued under Section 19 of the Act, 2013 in respect of the land - 3 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 bearing Sy.No.113 measuring 16 guntas of Kolluru Village, Kasaba Hobli, Srinivaspura Taluk, Kolar District, (‘schedule property’ for short) and further seeking compensation for alleged illegal occupation of the said land for the past 34 years and restoration of possession. Brief facts: 2. The petitioner claims title to the schedule property having purchased under the sale deed dated 28.04.2021 from his vendor Y. P. Srinivasaiah Shetty. It is contended that respondents 3 to 5 Karnataka Power Transmission Corporation Limited (KPTCL) authorities while establishing a 66 KV Sub-Station in the adjacent Sy.No.114/1, acquired in 1989-90, had encroached upon Sy.No.113 without authority. The vendor of the petitioner, Y. P. Srinivasaiah Shetty, instituted OS No. 208/2012 seeking declaration and possession against the KPTCL Authorities, which was decreed in his favour. The appellate proceedings preferred by the KPTCL in RA 189/2014 came to be dismissed and in RSA 2064/2017, the respondent- - 4 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 authority filed memo for withdrawal with liberty to pursue their remedy in accordance with law. The case of the petitioner is that the respondent authorities instead of restoring possession, has initiated acquisition proceedings under the Act, 2013 and has issued the impugned notification. 3. The respondents have filed objections contending that Sy.No.113 has been used as an access road to the Sub-Station since 1990 and the respondents are using the said property as an approach road to the power station of Srinivasapura. It is further stated that apart from the said road, there is no alternative approach road to the Sub- station. It is stated by the respondents that the petitioner being the subsequent purchaser in the year 2021 cannot claim compensation or seek to challenge the acquisition proceedings. 4. Heard the learned counsel appearing for the petitioner, learned AGA for respondent Nos.1 and 2 and - 5 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 Smt. Padma S Uttur, learned counsel for respondent Nos. 3 to 5 and perused the material on record. 5. Learned counsel appearing for the petitioner contends that the respondents 3 to 5 have illegally encroached Sy.No.113 despite civil decrees directing restoration of possession. It is submitted that there exists a staff quarters on Sy.No.114/1 and hence the purpose of acquiring Sy.No.113 is false and intended only to legalize a prior encroachment. Further it is contended that the petitioner was not issued with the notice of the preliminary notification and only before issuance of final notification, notice was ordered and hence the petitioner had no opportunity to file objections to the preliminary notification. It is submitted that the procedure as enumerated in the Act, 2013 has not been followed by the authorities while acquiring the land of the petitioner. 6. The learned counsel for the respondents 3 to 5 on the other hand would submit that the authorities have followed due process and has issued notice to the - 6 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 Khatedars, whose names have appeared in the revenue records and it is only in the year 2022, the name of the petitioner was entered, pursuant to which the authorities have issued notice to him before issuance of final notification. It is further submitted that the acquisition proceedings initiated by the respondent authorities is in light of the liberty being granted in RSA No. 2064/2017 and there is no illegality in the issuance of preliminary notification or the final notification. 7. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record. 8. The records reveal that there is a Civil Court decree which had upheld the title and right of the petitioner's vendor over Sy.No.113. The respondents do not dispute regarding the decree in his favour. The plea taken by the respondents is that they have initiated acquisition proceedings in accordance with law, while on the other hand the contention of the petitioner is that prior - 7 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 to the issuance of final notification the petitioner was not heard and an opportunity to file his objections to the preliminary notification was not afforded. From the records, it is found that the petitioner was not issued with the notice as his name did not find place when the preliminary notification was issued in the year 2021 and his name was only entered in the year 2022 though he purchased the land in 2021. 9. It is evident from the record that the preliminary notification under Section 11(1) of the Act, 2013 was issued on 03.09.2021, no notice was served on the petitioner, who had already become the owner of Sy. No.113 pursuant to a registered sale deed dated 28.4.2021. The service of notice only on the previous kathedhar, without verifying the up to date revenue entries or entry has resulted in depriving the petitioner of his statutory right under Section 11 read with Section 21 of the Act, 2013. The right to object before the Land Acquisition Officer is mandatory procedural safeguard and - 8 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 denial of such opportunity vitiates the acquisition proceedings at the threshold. Accordingly the final notification is liable to be set aside on the ground of violation of principles of natural justice and statutory procedure while reserving liberty to the petitioner to submit his objections. 10. Accordingly, this Court pass the following : ORDER (a) The Writ Petition is allowed in part. (b) The final notification dated 10.08.2023 issued under Section 19 of the Act, 2013 in respect of land bearing Sy. No. 113 measuring 16 guntas of Kolluru Village, Kasaba Hobli, Srinivaspura Taluk, Kolar District, is hereby quashed on the ground that no opportunity was accorded to the petitioner to file his objections as required under the Act. - 9 - HC-KAR NC: 2025:KHC:52778 WP No. 21378 of 2024 (c) Liberty is reserved to the petitioner to file detailed objections to the preliminary notification before the Land Acquisition Officer within four weeks from the date of receipt of the certified copy of this order. (d) On receipt of such objections, the respondent- authority SLAO shall consider the objections in accordance with Sections 15 and 21 of the 2013, Act, afford due opportunity of hearing to the petitioner and pass a reasoned order strictly in accordance with law within two months thereafter, without being influenced by any observations made in this Writ Petition. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 27