- 1 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7324 OF 2026 (LA-UDA) BETWEEN: 1. DR. NAGASHREE K M W/O. VENKATESH.M.M, AGED ABOUT 47 YEARS, RESIDING AT BELOW MENTIONED ADDRESS, R/O.773/6, 7TH CROSS, RAMANUJA ROAD, K R MOHALLA, MYSORE -570 003. … PETITIONER (BY SMT. KUSUMA M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE - 560 001. 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. BY ITS COMMISSIONER, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 3. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. … RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR R1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 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 PETITIONERS IS CONCERNED (OR IN THE ALTERNATIVE) DIRECTION, DECLARING THAT THE LAND ACQUISITION PROCEEDINGS INITIATED BY ISSUANCE OF PRELIMINARY NOTIFICATION DATED 03.04.2006, BEARING NO. LAQ(5)CR 540/2005-06 BY THE 2ND RESPONDENT AUTHORITY AT ANNEXURE - A TO THE WRIT PETITION HAS LAPSED BY VIRTUE OF COMING IN TO FORCE OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 IN SO FAR AS SCHEDULE LAND BELONGING TO THE PETITIONERS IS CONCERNED AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 ORAL ORDER Petitioner has assailed the validity of the acquisition proceedings initiated vide Preliminary Notification at Annexure-A dated 03.04.2006 insofar as the property of the petitioner. 2. It is submitted that the Preliminary Notification was issued on 03.04.2006 proposing to acquire the lands in Kurubarahalli Village, Kasaba Hobli, Mysore Taluk, for formation of a residential layout and after such notification, there has been no further progress. Reliance is placed on the order passed in W.P.No.28873/2025 disposed of on 07.11.2025 in the case of Yasmin Achaiah v. state of Karnataka and others. It is submitted that insofar as the same Preliminary Notification, the Co-ordinate Bench of this Court has declared the acquisition proceedings as having been abandoned and lapsed and has set aside the notification. Accordingly, it is submitted that an order be passed on parity on the same grounds. - 4 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 3. Sri. T. P. Vivekananda, learned counsel appearing for respondents 2 and 3 - MUDA submits that the order passed in W.P.No.28873/2025 to which MUDA is respondent is a matter of record. 4. Taking note that the Preliminary Notification is passed on 03.04.2026 and no further steps have been taken by the respondent - MUDA and also taking note of the order passed in W.P.No.28873/2025, the petition could be disposed of on same terms. 5. The observations made in W.P.No.28873/2025 from para 3 onwards are as follows: "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 OTHERS - WP.No.7505/2014 (LA-UDA), D.D. 17.11.2020, 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 - 5 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 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." 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 - 6 - HC-KAR NC: 2026:KHC:13972 WP No. 7324 of 2026 hereby quashed, insofar as the petitioner's schedule property is concerned." 6. Taking note that after the Preliminary Notification dated 03.04.2026, no steps have been taken to effectuate acquisition proceedings, the Preliminary Notification at Annexure-A dated 03.04.2006 and acquisition proceedings pursuant thereto are declared to have been abandoned and lapsed and is quashed insofar as the property of the petitioner is concerned. 7. Accordingly, petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE VP