Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010471792026 NC: 2026:KHC:37129 WP No. 21228 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21228 OF 2026 (LA-UDA) BETWEEN:
1. SMT. SAKAMMA W/O LATE SRI. SIDDEGOWDA, AGED ABOUT 75 YEARS,
2. SRI. RAJU S/O LATE SRI. SIDDEGOWDA, AGED ABOUT 42 YEARS
3. SRI. RAVI.S S/O LATE SRI. SIDDEGOWDA, AGED ABOUT 40 YEARS
4. SRI. SIDDEGOWDA, S/O SRI. SIDDEGOWDA, AGED ABOUT 48 YEARS
THE PETITIONERS ARE R/O NO.76, KOTE HUNDI VILLAGE, RAYANAKERE POST, MYSURU - 570008 …PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA,
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010471792026 NC: 2026:KHC:37129 WP No. 21228 of 2026
DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570 005. 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570 005. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SRI. T.P.VIVEKANANDA, ADVOCATE FOR RESPONDENT NOS.2 AND 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH 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 PETITIONERS LAND BEARING SY. NO.51/2 MEASURING 1 ACRE 20 GUNTAS SITUATED AT HALALU VILLAGE, KASABA HOBALI, MYSURU TALUK AND DISTRICT, (SL. NO.126 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-D AND D1 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010471792026 NC: 2026:KHC:37129 WP No. 21228 of 2026
CORAM: HON'BLE MR.
JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have sought for a writ in the nature of certiorari to quash the preliminary notification bearing No.LAQ(1) CR 86/2005-06 dated 04.01.2007 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Swarna Jayanthi Nagar' in so far as it relates to Sy.No.51/2 of Halalu village, Kasaba Hobli, Mysuru Taluk and District, measuring 1 acre 20 guntas. 2. The petitioners contend that the aforesaid land is their ancestral property which was proposed for acquisition by the respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Swarna Jayanthi Nagar'. The petitioners contend that the respondent No.1 has not taken any further steps to issue final notification and therefore, the acquisition is abandoned. The petitioners therefore seek for the aforementioned reliefs. - 4 -
HC-KAR
CNR: KAHC010471792026 NC: 2026:KHC:37129 WP No. 21228 of 2026
3. The learned counsel for the petitioners reiterated the above contentions and submitted that the proposed acquisition is abandoned as the respondents have not taken any further steps. 4. The learned counsel for respondent Nos.2 and 3 does not dispute the fact that after the preliminary notification referred supra, no steps are taken by the respondent No.1 to issue final notification under Section 19(1) of the Karnataka Urban Development Authority Act, 1987 and to pass an award and take over possession. 5. In view of the aforesaid, this writ petition is allowed. The impugned preliminary notification bearing No. LAQ(1) CR 86/2005-06 dated 04.01.2007 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Swarna Jayanthi Nagar' in so far as it relates to Sy.No.51/2 of Halalu village, Kasaba Hobli, Mysuru Taluk and District, measuring 1 acre 20 guntas, is quashed.
If the name of the respondent No.2 is entered in the revenue records relating to Sy.No.51/2 of Halalu village,
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HC-KAR
CNR: KAHC010471792026 NC: 2026:KHC:37129 WP No. 21228 of 2026
Kasaba Hobli, Mysuru Taluk and District, measuring 1 acre 20 guntas, the same shall be deleted and the name of the petitioners shall be restored. 6. Learned High Court Government Pleader for respondent No.1 and Sri. T.P. Vivekananda, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE
PMR List No.: 1 Sl No.: 52