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2026 DAILYLAW 23793 (KAR)

R NAGENDRA KUMAR, v. STATE OF KARNATAKA

WP/9658/2026 · 2026-06-23

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31120 WP No. 9658 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 9658 OF 2026 (LA-UDA) BETWEEN: 1. R NAGENDRA KUMAR S/O. LATE INDRAMMA.K.S AGED ABOUT 67 YEARS 2. R.RAJENDRA KUMAR S/O. LATE INDRAMMA.K.S AGED ABOUT 64 YEARS 3. R VISHWAMANGALA URF NAGARATHNAM S/O. LATE INDRAMMA.K.S AGED ABOUT 63 YEARS 4. R.JAGAN MOHAN, S/O. LATE INDRAMMA.K.S AGED ABOUT 59 YEARS ALL ARE R/AT BOGADI BOGADI POST, MYSORE TALUK MYSORE-570006. …PETITIONERS (BY SMT. KUSUMA M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSE AND URBAN DEVELOPMENT AUTHORITY M.S. BUILDING, BANGALORE-560001. 2. MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI ROAD MYSORE-570005 BY ITS COMMISSIONER. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31120 WP No. 9658 of 2026 3. SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI ROAD MYSORE-570005. …RESPONDENTS (BY SRI.ADITYA DIWAKAR, AGA FOR R1; SRI. G B SHARATH GOWDA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 10.07.1992 ISSUED BY THE 2ND RESPONDENT BEARING NO. PRA BHU SWA.10/1992-93 PUBLISHED IN THE KARNATAKA OFFICIAL GAZETTE AT ANNEXURE B 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 R. NATARAJ ORAL ORDER The petitioners have challenged a Preliminary Notification bearing No.Pra.Bhu.Swa.10/1992-93 dated 10.07.1992 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as ‘Act’ for short) as well as a Final Notification bearing No.Va.Na.E.639 MIB 93 dated 19.03.1996 issued by respondent - 3 - HC-KAR NC: 2026:KHC:31120 WP No. 9658 of 2026 No.1 under Section 19(1) and (2) of the Act in so far as the land in Sy.No.121/1B of Bogadi Village, Kasaba Hobli, Mysore Taluk and District. 2. The petitioners contend that the aforementioned land was notified for acquisition by respondent No.1 for formation of Bogadi III Stage Extension. A Final Notification was issued declaring the intent of the State Government to acquire the aforesaid land for the purpose of Bogadi III Stage Extension. However, no award is passed and possession of the property is not taken and hence, the acquisition is abandoned. It is also contended that the issue is squarely covered by the judgment of a Co-ordinate Bench of this Court in W.P.Nos.54439-54443/2015. 3. The learned counsel for respondent Nos.2 and 3 does not dispute that the acquisition of Sy.No.48/2 of Bogadi Village for formation of Bogadi III Stage Layout in terms of the Preliminary Notification dated 10.07.1992 and Final Notification dated 19.03.1996 came up for consideration before this Court in W.P.Nos.54439-54443/2015 and that a Co-ordinate Bench of this Court had quashed the notifications as the scheme had lapsed. - 4 - HC-KAR NC: 2026:KHC:31120 WP No. 9658 of 2026 4. In that view of the matter, the petitioners are also entitled to be treated alike. Consequently, the writ petition is allowed. 5. The impugned Preliminary Notification bearing No.Pra.Bhu.Swa.10/1992-93 dated 10.07.1992 issued by respondent No.2 and a Final Notification bearing No.Va.Na.E.639 MIB 93 dated 19.03.1996 issued by respondent No.1 in so far as the land bearing Sy.No.121/1B of Bogadi Village, Kasaba Hobli, Mysore Taluk and District, are quashed. Sd/- (R. NATARAJ) JUDGE HA LIST NO.: 1 SL NO.: 26