- 1 - HC-KAR NC: 2026:KHC:31598 WP No. 34389 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34389 OF 2015 (LA-RES) BETWEEN: 1. SRI. Y.R. BALA KRISHNA S/O LATE Y.V.RAMAIAH, AGED ABOUT 59 YEARS, 2. SRI. Y.R.ANJANAPPA S/O LATE Y.V.RAMAIAH, AGED ABOUT 56 YEARS, BOTH ARE RESIDENT OF DESIPETE ROAD, YELAHANKA BANGALORE-64 …PETITIONERS (BY SRI. DIWAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE-560 001 2. THE HOUSING COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BANGALORE-560 009 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BANGALORE-560 009 …RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31598 WP No. 34389 of 2015 (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. H.S.PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 06.04.1989 PRELIMINARY NOTIFICATION AND FINAL NOTIFICATION DATED 25.03.1991 (STATED AS 21.01.1991 IN THE PRAYER PORTION OF THE PETITON) AS PER ANNEXURES-A AND B IN RESPECT OF THE PETITIONERS LANDS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the preliminary notification bearing No.PÀUÀȪÀÄ.¨sÀÆ.¸Áé.« 1/89-90 dated 06.04.1989 issued by the respondent No.2 and the final notification bearing No.PÀAE 300 ¨sÀƸÁé¨É 90 dated 25.03.1991 issued by the respondent No.1 in respect of the lands bearing: Sy. Nos.61/3 measuring 31 guntas; Sy. No.63 measuring 02 Acres 15 guntas; Sy. No.64/1 measuring 01 Acre of dry land and Sy. No.34 measuring 01 Acre 14 guntas, all situate at Allalasandra Village, Yelahanka Hobli, Bengaluru North Taluk. - 3 - HC-KAR NC: 2026:KHC:31598 WP No. 34389 of 2015 2. The lands in the aforesaid survey numbers were proposed for acquisition by the respondent Nos.2 and 3 in terms of a preliminary notification dated 06.04.1989. Subsequently, a final notification under Section 6(1) of the Land Acquisition Act, 1894 was issued on 25.03.1991. The petitioners contend that even though a final notification was issued, the possession of the said lands is not taken by the respondents and no award is passed. It is also contended that there is no housing Scheme sanctioned by the State Government. 3. The learned counsel for the petitioners submits that the contentions urged in this petition are no longer res integra in view of the order dated 29.05.2012 passed by a coordinate Bench of this Court in W.P No.9593/2007 and connected writ petitions, which was upheld by a Division Bench of this Court in W.A No.3469/2012 and connected appeals (disposed off on 26.11.2015). He, therefore, submits that the impugned notifications are still born and hence, are liable to be set at nought. - 4 - HC-KAR NC: 2026:KHC:31598 WP No. 34389 of 2015 4. The learned counsel for the respondent Nos.2 and 3 and the learned Additional Government Advocate for respondent No.1 do not dispute the fact that the acquisition by the respondent No.1 for the purposes of the respondent No.2 - Karnataka Housing Board was set at nought by a coordinate bench of this Court in W.P. No.9593/2007 and connected petitions in terms of the order dated 29.05.2012, which was also upheld by a Division Bench of this Court in W.A No.3469/2012 and connected appeals (disposed off on 26.11.2015). 5. In that view of the matter, for the reasons mentioned in the order dated 29.05.2012 passed by a coordinate Bench of this Court in W.P No.9593/2007 and connected petitions and in the judgment dated 26.11.2015 passed in W.A No.3469/2012 and connected appeals, this petition is allowed and the impugned preliminary notification bearing No.PÀUÀȪÀÄ.¨sÀÆ.¸Áé.« 1/89-90 dated 06.04.1989 issued by the respondent No.2 and the final notification bearing No.PÀAE 300 ¨sÀƸÁé¨É 90 dated 25.03.1991 issued by the respondent No.1 in so far as it relates to the lands bearing: Sy. Nos.61/3 - 5 - HC-KAR NC: 2026:KHC:31598 WP No. 34389 of 2015 measuring 31 guntas; Sy. No.63 measuring 02 Acres 15 guntas; Sy. No.64/1 measuring 01 Acre of dry land and Sy. No.34 measuring 01 Acre 14 guntas, all situate at Allalasandra Village, Yelahanka Hobli, Bengaluru North Taluk, are quashed. If the name of the respondent Nos.2 and 3 - Karnataka Housing Board is entered in the revenue records relating to the aforesaid lands, the same shall stand deleted and the names of the petitioners shall be restored. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 53