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2026 DAILYLAW 1987 (KAR)

SMT MALAMMA v. STATE OF KARNATAKA

WP/5649/2026 · 2026-03-27

S Sunil Dutt Yadav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:17500 WP No. 5649 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5649 OF 2026 (LA-UDA) BETWEEN: 1. SMT MALAMMA W/O LATE SRI SHIVANNA AGED ABOUT 63 YEARS 2. SRI BASAVARAJU S S/O LATE SRI SHIVANNA AGED ABOUT 39 YEARS 3. SMT KAVITHA S W/OS HIVANANJEGOWDA AGED ABOUT 36 YEARS 4. SRI J RAMASWAMY S/O ALTE JAVAREGOWDA @ MUKALEGOWDA AGED ABOUT 65 YEARS 5. SRI RAMAMMA W/O KENCHAIAH AGED ABOUT 64 YEARS THE PETITIONERS ARE R/O KOTEHUNDI VILLAGE Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17500 WP No. 5649 of 2026 KASABA HOBI MYSURU - 570 008 … PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. B R AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY JLB ROAD MYSURU - 570 005 3. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY JLB ROAD MYSURU - 570 005 … RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1; SRI G.M. ANANDA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (1) CR 86/2005-06 DATED 04/01/2007, ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE - A, PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS SWARNA JAYANTHI NAGAR IN RESPECT OF PETITIONER NO.1 TO 3 LAND BEARING SY, NO. 61/6 MEASURING 22 GUNTAS, PETITIONERS - 3 - HC-KAR NC: 2026:KHC:17500 WP No. 5649 of 2026 NO. 4 LAND BEARING SY., 2 GUNTAS AND PETITIONER NO. 5 LAND BEARING 61/4 MEASURING 25 GUNTAS ALL THE LANDS HAVE BEEN SITUATED AT CHOWDAHALLI VILLAGE, KASABA HOBALI, MYSURU TALUK AND DISTRICT, (SL. NO. 92 AND 90 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P. NO.47787/2016 (LA- UDA) DATED 24/10/2016 AND W.P. NO. 47459-461/2018 (LA- UDA) DATED 26/06/2019 VIDE ANNEXURE - E AND E1, RESPECTIVELY 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 ORAL ORDER Petitioner has sought for setting aside of the preliminary notification dated 04.01.2007 issued by respondent No.2 insofar as the properties of the petitioners in respect of following lands: Land bearing Sy. No. 61/6 measuring 22 guntas belonging to petitioners 1 to 3; land measuring 2 guntas belonging to petitioner No.4 and the land bearing Sy. No.61/4 measuring 25 guntas belonging to petitioner No.5, all the lands situated at Chowdahalli Village, Kasaba Hobli, Mysore Taluk and District. - 4 - HC-KAR NC: 2026:KHC:17500 WP No. 5649 of 2026 2. It is the case of the petitioner that though the preliminary notification issued on 04.01.2007 contains the properties of the petitioners, however, subsequent to such preliminary notification, no further steps have been taken to effectuate the land acquisition proceedings. Accordingly, it is submitted that the land acquisition proceedings may be construed to have been abandoned. 3. Sri. G. M. Anand, learned counsel appearing for the respondents submits that the assertion of the petitioners cannot be controverted and that subsequent to the preliminary notification dated 04.01.2007 no steps have been taken to effectuate the land acquisition proceedings. 4. In light of the absence of any steps by respondents to effectuate the land acquisition proceedings despite lapse of sufficient time, it could be construed that the acquisition proceedings has been abandoned insofar as the properties of the petitioners are concerned. - 5 - HC-KAR NC: 2026:KHC:17500 WP No. 5649 of 2026 5. Accordingly, preliminary notification dated 04.01.2007 insofar as the petitioners’ lands are concerned is set aside and it is declared that the land acquisition proceedings insofar as the properties of the petitioners are concerned, are lapsed. 6. Writ petition is disposed of in terms of the above. SD/- (S SUNIL DUTT YADAV) JUDGE VP