- 1 - HC-KAR CNR: KAHC010480482026 NC: 2026:KHC:37134 WP No. 21850 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. 21850 OF 2026 (LA-UDA) BETWEEN: 1. SRI. MAHADEVASWAMY. P S/O LATE PUTTANANJAIAH AGED ABOUT 35 YEARS, 2. SRI. SHIVAMURTHY. P S/O LATE PUTTANANJAIAH AGED ABOUT 30 YEARS BOTH ARE R/O NO. BANDIPALAYA VILLAGE, ASHRAMA POST, KASABA HOBLI MYSURU - 570010 …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. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, J.L.B. ROAD, MYSURU-570 005. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480482026 NC: 2026:KHC:37134 WP No. 21850 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, 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 (6) CR 434/2005-06 DATED 12.12.2006, 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 "SHANTHAVERI GOPALAGOWDA NAGAR 2ND STAGE", IN RESPECT OF THE PETITIONER LAND BEARING SY. NO.23/2 MEASURING 7 GUNTAS SITUATED AT BANDIPALAYA VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.30 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN W.P. NO'S.662-663/2018 (LA-UDA) DATED 18.01.2018 VIDE ANNEXURE - C. 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 sought for a writ in the nature of certiorari to quash the preliminary notification bearing No.LAQ(6) CR 434/2005-06 dated 12.12.2006 issued by - 3 - HC-KAR CNR: KAHC010480482026 NC: 2026:KHC:37134 WP No. 21850 of 2026 respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Shanthaveri Gopalagowda Nagar 2nd Stage' in so far as it relates to Sy.No.23/2 of Bandipalya village, Kasaba Hobli, Mysuru Taluk and District, measuring 7 guntas. 2. 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 ''Shanthaveri Gopalagowda Nagar 2nd Stage'. 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. 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 - HC-KAR CNR: KAHC010480482026 NC: 2026:KHC:37134 WP No. 21850 of 2026 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(6) CR 434/2005-06 dated 12.12.2006 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Shanthaveri Gopalagowda Nagar 2nd Stage' in so far as it relates to Sy.No.23/2 of Bandipalya village, Kasaba Hobli, Mysuru Taluk and District, measuring 7 guntas, is quashed. If the name of the respondent No.2 is entered in the revenue records relating to Sy.No.23/2 of Bandipalya village, Kasaba Hobli, Mysuru Taluk and District, measuring 7 guntas, the same shall be deleted and the name of the petitioners shall be restored. - 5 - HC-KAR CNR: KAHC010480482026 NC: 2026:KHC:37134 WP No. 21850 of 2026 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.: 68