- 1 - HC-KAR NC: 2025:KHC:44049 WP No. 24863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24863 OF 2025 (LA-UDA) BETWEEN: SRI M. NAGARAJ S/O. LATE MANCHAIAH, AGED ABOUT 78 YEARS, R/AT #1970 C, H 28, 11TH CROSS ROAD, ASHOKAPURAM, MYSORE-560 008, KARNATAKA. …PETITIONER (BY SRI NIRANJANA M., ADVOCATE) AND: 1. THE 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 SRI HARISHA A.S., AGA FOR R-1; SRI RITHESH D. NAIK, ADVOCATE FOR SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44049 WP No. 24863 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 03.07.2009, BEARING NO.LAQ (1) CR 98/2006-07 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED AND ETC. 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 bearing No. LAQ (1) CR 98/2006-07 dated 03.07.2009, issued by the third respondent-authority at Annexure-A, in so far as it relates to the schedule property belonging to the petitioner. 2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondents 2 and 3. 3. Learned counsel on both sides submit that the Preliminary Notification which is sought to be quashed by the petitioner is squarely covered by the decision of the coordinate Bench of this Court in the case of K.C.Veerabhadrappa and Others vs State of - 3 - HC-KAR NC: 2025:KHC:44049 WP No. 24863 of 2025 Karnataka and Others1 (K.C.Veerabhadrappa) wherein the Preliminary Notification dated 03.07.2009 was quashed on the ground that the delay in issuance of Final Notification under Section 19 (1) of Karnataka Urban Development Authority Act, 1987 is not condonable. It is therefore submitted that a similar order may be passed in this Writ Petition also. 4. Having regard to the fact that the Preliminary Notification dated 03.07.2009 is not followed by the Final Notification and that the Preliminary Notification is already quashed by a coordinate Bench in K.C.Veerabhadrappa (supra), the decision rendered therein squarely applies to the present case. Even after lapse of 16 years, no Final Notification has been issued. Accordingly, this Court pass the following : ORDER (i) The Writ Petition is allowed. 1 W.P.19164/2016 & connected W.Ps D.D.24.02.2025 - 4 - HC-KAR NC: 2025:KHC:44049 WP No. 24863 of 2025 (ii) The impugned Preliminary Notification dated 03.07.2009 issued by the respondents – Mysore Urban Development Authority in so far as it relates to the petitioner’s property is hereby quashed. (iii) Liberty is reserved to Mysore Urban Development Authority to re-formulate the scheme and proceed afresh, if so advised in law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 90