- 1 - HC-KAR NC: 2026:KHC:8175 WP No. 41155 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 41155 OF 2019 (GM-PP) BETWEEN: 1. SRI. BALARAJU S/O SRI MANCHAIAH @ PARAKALAIAH AGED ABOUT 66 YEARS, RESIDING AT NO.2215, 5TH CROSS, ASHOKPURAM MYSURU - 570 008. 2. SRI. CHOKKAMURTHY S/O SRI PARAKALAIAH AGED ABOUT 46 YEARS RESIDING AT NO.2216 CH-36, 2ND CROSS, ASHOKPURAM,MYSURU - 570 008. 3. SRI. PURUSHOTHAM S/O LATE VENKATAIAH AGED ABOUT 57 YEARS RESIDING AT NO.2027, 2ND CROSS, ASHOKPURAM MYSURU - 570 008. 4. SRI. YADAV S/O LATE DEVAIAH AGED ABOUT 55 YEARS RESIDING AT NO.2208 5TH CROSS, ASHOKPURAM MYSURU - 570 008. …PETITIONERS (BY SRI. N.R. NAIK, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8175 WP No. 41155 of 2019 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING & DEVELOPMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY,MYSURU DISTRICT, MYSURU - 570 001. 3. THE COMMISSIONER MYSURU CITY CORPORATION MYSURU DISTRICT MYSURU - 570 001. 4. THE SPECIAL ASSISTANT COMMISSIONER LAND REFORMS, MYSURU - 570 001. 5. THE LAND TRIBUNAL MYSURU TALUK, MYSURU - 570 001, REP. BY ITS CHAIRMAN. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1, R4 AND R5; MS. MEGHA SUNIL, ADVOCATE FOR SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 R/W ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PORTION OF LAND BEARING SY.NO.15 OF MYSURU VILLAGE, IS BELONGS TO THE PETITIONERS IS NOT SUBJECT MATTER OF ACQUISITION PROCEEDING AND THEY ARE IN OCCUPATION BY VIRTUE OF ORDER PASSED BY THE LAND TRIBUNAL ISSUED IN NO. KLRM/2969, DATED 21.03.1981 TO 2974, WHICH IS PRODUCED AT ANNX-A AND ETC., - 3 - HC-KAR NC: 2026:KHC:8175 WP No. 41155 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Petitioners who are claiming to be the owners in possession of land measuring 16 guntas, forming part of survey No.15, Mysuru Village, Kasaba Hobli, Mysuru Taluk, are before this court seeking following reliefs: a. To declare that the portion of land bearing Sy.No.15 of Mysuru Village, is belongs to the petitioners is not subject matter of acquisition proceeding and they are in occupation by virtue of order passed by the Land Tribunal issued in No.KLRM/2969 to 2974, dated 21.03.1981 which is produced at Annexure-'A'; b. Issue appropriate direction to the second and third respondent authority not to dispossess or interfered of the respective possession of the petitioners as per the order passed by the trial Court; c. Call for records; d. And to pass such other relief/s as this Hon'ble Court deems fit under the CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:8175 WP No. 41155 of 2019 facts and circumstances of the case in the interest of justice and equity. 2. This Court is of the view that case of the petitioners is that the said land was granted in their favour by the Land Tribunal, Mysuru confirming occupancy rights in their favour. The respondent No.2/Development Authority has neither acquired nor taken possession of the said land and the petitioners have continued to be in occupation in the said land. 3. The relief as sought for by the petitioners on the aforesaid grounds cannot be granted for the reason that if the land is acquired and the petitioners are aggrieved by the same, it is left to them to challenge the acquisition. On the contrary, if the land is not acquired, there is no question of declaring the land as not acquired. 4. Reserving liberty to the petitioners, to avail such remedy as may be available under law, in the event - 5 - HC-KAR NC: 2026:KHC:8175 WP No. 41155 of 2019 the land is being acquired, the writ petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE SSD List No.: 1 Sl No.: 26