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2026 DAILYLAW 2081 (KAR)

SMT MARAMMA v. STATE OF KARNATAKA

WP/9035/2026 · 2026-03-27

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17497 WP No. 9035 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. 9035 OF 2026 (LA-UDA) BETWEEN: 1. SMT MARAMMA W/O. MAHAALINGEGOWDA, AGED ABOUT 46 YEARS, 2. SMT. BHAGYASHREE.M, W/O. ANANDAKUMAR. R, AGED ABOUT 32 YEARS, BOTH THE PETITIONERS ARE THE RESIDENT AT: KERGALLI, JAYAPURA HOBLI, KERAGALLI POST, MYSORE TALUK, MYSORE - 570 026 … PETITIONERS (BY SRI. KUSUMA M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE - 560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17497 WP No. 9035 of 2026 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. BY ITS COMMISSIONER, 3. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005 … RESPONDENTS (BY SRI. G.M. ANAND, ADVOCATE FOR R2 AND R3; SRI HARISH A.S., AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING PRELIMINARY NOTIFICATION DATED 15.07.1997, BEARING NO. LAQ CR (1) PR 38/97-98 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE- A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY 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 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. Sri. G. M. Anand, learned counsel accepts notice for respondents 2 and 3. - 3 - HC-KAR NC: 2026:KHC:17497 WP No. 9035 of 2026 2. Petitioner has called in question the validity of the preliminary notification dated 15.07.1997. Petitioner has also sought for the relief of declaration that the land acquisition proceedings initiated by issuance of preliminary notification has lapsed. 3. It is the case of the petitioner that the property of the petitioner though notified in the Preliminary Notification as Sy. No.2P has however not been notified in the final notification. It is further submitted that the property has been renumbered as Sy. Nos. 353/1 and 353/2 and the said survey numbers are also absent in the final notification. 4. Sri. G. M. Anand, learned counsel appearing for the respondent - Authority submits that the final notification does not contain the survey numbers of the petitioner and no other notification has been passed in that regard. - 4 - HC-KAR NC: 2026:KHC:17497 WP No. 9035 of 2026 5. In light of the same, petition is disposed of while observing that the acquisition insofar as the property of the petitioner morefully described in the Schedule is taken to have been abandoned taking note that the Preliminary Notification dated 15.07.1997 though contains the survey number of the petitioner, the final notification does not contain the survey numbers of the petitioner and further, no other notification has been passed in that regard. SD/- (S SUNIL DUTT YADAV) JUDGE VP