- 1 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18447 OF 2018 (LA-KHB) BETWEEN: 1. A) THIMMEGOWDA DEAD BY HIS LR'S KEMPEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 60 YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT B) KALEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 58 YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT C) CHIKKA THIMMEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 55 YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 D) RAMEGOWDA S/O LATE THIMMEGOWDA R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT 2. SMT CHIKKA BORAMMA W/O LATE KARIGOWDA AGED ABOUT 68 YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT 3. SRI KEMPEGOWDA S/O KENCHEGOWDA AGED ABOUT 70 YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT 4. A) KARIGOWDA SINCE DEAD BY HIS LR'S SMT SUNITHA W/O LATE KARIGOWDA AGED ABOUT YEARS R/AT TUBINAKERE VILLAGE YELACHAKANAHALLI POST-571 402 KOTHATHI HOBLI MANDYA TALUK AND DISTRICT … PETITIONERS (BY SMT. S. SUSHEELA, SENIOR ADVOCATE A/W SRI ANIL KUMAR S., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 AND: 1. STATE OFKARNATAKA BY ITS PRL SECRETARY DEPT OF REVENUE M S BUILDING BANGALORE-560 001 2. THE COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE-560 009 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE-560 009 … RESPONDENTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R3; SMT. K.P. YASHODHA, AGA FOR R1; R2 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS; QUASH THE PRELIMINARY NOTIFICATION DATED 18.12.2013 AND PUBLISHED IN KARNATAKA GAZETTE DATED 16.1.2014 BY COMMISSIONER OF KARNATAKA HOUSING BOARD, BENGALURU UNDER ANNEXURE-F AND THE FINAL NOTIFICATION DATED 4.8.2015 AND PUBLISHED IN KARNATAKA GAZETTE DATED 13.8.2015 BY COMMISSIONER OF KARNATAKA HOUSING BOARD, BENGALURU AT ANNEXURE- G IN RESPECT OF LANDS OF THESE PETITIONERS ARE CONCERNED AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 4 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 ORAL ORDER Sri. H. L. Pradeep Kumar, learned counsel appearing for the Karnataka Housing Board draws attention to the memo filed on 16.01.2026 and submits that an affidavit has been filed by the wife of petitioner No.1(a) and petitioner Nos. 1(b) to 1(d) stating that they have agreed to take compensation by way of developed land in lieu of monetary compensation. It is further submitted that they have also given a letter of consent. 2. Insofar as petitioner No. 2 is concerned, a memo dated 30.01.2026 is filed enclosing copy of the communication dated 21.01.2026. The said communication is addressed by the 2nd petitioner - Chikka Boramma to the respondent – Karnataka Housing Board, wherein she has stated that she is ready to accept compensation by way of developed land in lieu of monetary compensation. 3. Insofar as petitioner No. 3 i.e., Kempegowda is concerned, it is noticed that he has died. The death - 5 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 certificate is enclosed along with a memo filed on 16.01.2026. An affidavit of the wife (Ningamma) and children of Kempegowda (Jagadeesh, Vasantha, Gayathri K, Prema) is filed in which it is submitted that they intend to accept compensation by way of developed land in lieu of monetary compensation. 4. Insofar as petitioner No.4 - Sri. Karigowda is concerned, it is submitted that he has died and his first wife - Smt. Shantamma has also died. The children of Late Karigowda and Late Shantamma i.e., Mahadeva and Manju Y.K and the 2nd wife of Karigowda - Smt. Sunita and their son - Sri. Prashant Y. K., have filed an affidavit undertaking to accept the developed land in lieu of monetary compensation. 5. Though the petition abates insofar as petitioner No.1(a), 3 and 4, in light of the death certificates enclosed and the affidavits filed by the legal representatives of - 6 - HC-KAR NC: 2026:KHC:9301 WP No. 18447 of 2018 respective petitioners, the petition is liable to be dealt with. 6. Accordingly, in light of the documents filed along with the memos as stated above and the affidavits filed, petition is disposed of as not warranting adjudication on grounds made out while keeping open other contentions of the petitioners to assert their right regarding compensation by way of developed land in lieu of cash compensation. Sd/- (S SUNIL DUTT YADAV) JUDGE VP