- 1 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.38235 OF 2025 (LA-UDA) BETWEEN: 1. SMT. GOWRAMMA W/O LATE NAGARAJAPPA, AGED ABOUT 52 YEARS, 2. SRI BASAVANNA .N S/O LATE NAGARAJAPPA, AGED ABOUT 37 YEARS, 3. SRI YOGEESH .N S/O LATE NAGARAJAPPA, AGED ABOUT 34 YEARS, 4. SRI ARUNKUMAR .N S/O LATE NAGARAJAPPA, AGED ABOUT 32 YEARS, THE PETITIONER NOS.1 TO 4 ARE R/O #149, RAMA MANDIRA BEEDI, LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU-570028. 5. SRI N. LINGARAJAPPA S/O LATE NAGAIAH, AGED ABOUT 64 YEARS, R/O NO.67/1 LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU-570028. …PETITIONERS (BY SRI LINGARAJU K.R., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 AND: 1. STATE OF KARNATAKA, REPT. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, J.L.B. ROAD, MYSURU-570 007. 3. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570 007. …RESPONDENTS (BY SRI RAJ KUMAR M., AGA 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 QUASH THE PRELIMINARY NOTIFICATION BEARING NO.LAQ(4)CR31/2005-06 DATED 13/12/2006, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE–A. PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 IN RESPECT OF THE PETITIONER LAND BEARING SURVEY NO. 105/3 MEASURING 1 GUNTAS SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.54 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P.NO.34838/2025 DATED 02/12/2025 VIDE ANNEXURE–E. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri. T.P.Vivekananda, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. The petitioners seek to quash the preliminary notification dated 13.12.2006 (Annexure-A) issued by respondent No.2-Authority published under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the 'Act'). 4. The acquisition proceedings were initiated by preliminary notification dated 13.12.2006, proposing to acquire the land bearing Sy.No.105/3, measuring 1 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk (for short 'the schedule property') and other surroundings lands for the purpose of forming a residential layout known as "Lalithadri Nagar, 2nd Stage." The - 4 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 petitioners' lands are situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk. Learned counsel for the petitioners submits that despite the preliminary notification issued in the year 2006, the respondent authority has neither taken possession nor completed the acquisition proceedings. Hence, it is contended that the acquisition proceedings has lapsed. 5. Learned counsel on both sides, rely upon the decisions of the co-ordinate bench of the Court in the case of Sri Kullachari and Others v. State of Karnataka and others1 (Sri Kullachari) and in the case of Smt. Sannaningamma and Others v. State of Karnataka and Others2 (Smt. Sannaningamma), wherein the very same preliminary notification dated 12.12.2006 was quashed insofar as the land belonging to the petitioners therein were concerned. In those cases, the co-ordinate Bench held that the scheme for formation of layout had 1 W.P.No.45022/2017, D.D.26.10.2017 2 W.P.No.25692-25693/2018, D.D.19.06.2018 - 5 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 lapsed, as the respondent-authority had not passed an award and not taken possession of the schedule properties therein. 6. The co-ordinate Bench of this Court in the case of Smt. Sannaningamma and others v. State of Karnataka and others, by relying upon Sri Kullachari, has observed under: 4. Learned counsel for the petitioners submit that no declaration or final notification came to be issued under Section 19 of the Act and as such, acquisition has elapsed. He also submits that under similar circumstances, Co-ordinate Benches of this Court in W.P.Nos.49714-715/2016 and connected matter disposed of on 24.10.2016 and W.P.No.45022/2017 (LA-UDA) disposed of on 26.10.2017 had granted relief to the petitioners in respect of land owners therein and copies of the orders passed in said writ petitions are produced at Annexures-‘E’ and ‘E-1’ respectively, and prays for similar order being passed in these writ petitions also by quashing the preliminary notification in so far as lands of petitioners are concerned. - 6 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 5. Learned counsel appearing for respondents does not dispute the fact that under similar circumstances preliminary notification insofar as petitioners therein are concerned having been quashed in terms of the order produced at Annexures-‘E’ and ‘E-1’. 6. In the light of aforestated facts and circumstances and submissions made by learned counsel appearing for parties and order passed by the Co-ordinate Benches referred to herein supra being squarely applicable to the facts on hand, petitioners are entitled to succeed in these petitions also. Hence, preliminary notification dated 12.12.2006– Annexure-A , insofar as the lands belonging to the petitioners herein in Survey No.10/1 situated at Sarakari Uttanahalli, Varunal Hobli, Mysuru Taluk and District measuring 0.01.12.00 guntas of land in respect of petitioner No.1 and land measuring 0.10.08.00 guntas of land belonging to petitioner Nos.2 to 27 is hereby quashed. Accordingly, writ petitions are allowed. 7. In the present case, the petitioners have established that neither possession has been taken nor award passed by the respondent-authority. The decisions - 7 - HC-KAR NC: 2025:KHC:54465 WP No. 38235 of 2025 placed reliance squarely applies to the present case. Accordingly, the following: ORDER i. The writ petition is allowed. ii. The impugned notification dated 13.12.2006 (Annexure-A) is hereby quashed insofar as the petitioners' lands are concerned. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 24