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2026 DAILYLAW 30967 (KAR)

SMT, ACHYUTHAKUMARI v. STATE OF KARNATAKA,

WP/21649/2026 · 2026-07-20

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010475352026 NC: 2026:KHC:37131 WP No. 21649 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. 21649 OF 2026 (LA-UDA) BETWEEN: 1. SMT. ACHYUTHAKUMARI D/O LATE SRINIVASA MURTHY, AGED ABOUT 55 YEARS, NO.30/A, 2ND MAIN, 13TH CROSS, VIDYARANYAPURAM, MYSURU - 570008. 2. SMT. NEELAMMA, W/O RAJANNA, AGED ABOUT 53 YEARS, KIRIJAJI, KASABA HOBLI, HUNSUR TALUK, MYSURU-571105 3. SMT. SHANTHAMMA. S, D/O LATE SRINIVASA MURTHY AGED ABOUT 51 YEARS, KARAPURA, ANTHARASANTHE HOBLI, HUNSUR TALUK, MYSURU-571114. 4. SRI. KRISHNAMURTHY D/O LATE SRINIVASA MURTHY, AGED ABOUT 49 YEARS, NO.30/A, 2ND MAIN, 13TH CROSS, VIDYARANYAPURAM, MYSURU - 570008. …PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475352026 NC: 2026:KHC:37131 WP No. 21649 of 2026 AND: 1. STATE OF KARNATAKA, REPT., BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, J.L.B. ROAD, MYSURU-570 007. 3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570 007. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE 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 (4) CR31/2005-06 DATED 13.12.2006, ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE A. PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 IN RESPECT OF THE PETITIONERS LAND BEARING SURVEY 167/18 MEASURING 1 ACRE 16 GUNATS, 'A' KHARAB MEASURING 4 GUNTAS TOTAL LAND MEASURING 1 ACRE 20 GUNTAS, SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL. NO.128 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P. NO.56078/2016 (LA-UDA) DATED 03.11.2016 AND W.P. NOS.29288- 29289/2019 (LA-UDA) DATED 12.07.2019 VIDE ANNEXURE - E AND E1, RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - HC-KAR CNR: KAHC010475352026 NC: 2026:KHC:37131 WP No. 21649 of 2026 ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to quash the preliminary notification bearing No.LAQ(4) CR 31/2005-06 dated 13.12.2006 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of 'Lalithadri Nagar 2nd Stage" in so far as it relates to Sy.No.167/1B of Lalithadripura village, Varuna Hobli, Mysuru Taluk and District, measuring 1 acre 16 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 ''Lalithadri 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 - 4 - HC-KAR CNR: KAHC010475352026 NC: 2026:KHC:37131 WP No. 21649 of 2026 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(4) CR 31/2005-06 dated 13.12.2006 issued by respondent No.2 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of "Lalithadri Nagar 2nd Stage" in so far as it relates to Sy.No.167/1B of Lalithadripura village, Varuna Hobli, Mysuru Taluk and District, measuring 1 acre 16 guntas, is quashed. If the name of the respondent No.2 is entered in the revenue records relating to Sy.No.167/1B of Lalithadripura village, Varuna Hobli, Mysuru Taluk and District, - 5 - HC-KAR CNR: KAHC010475352026 NC: 2026:KHC:37131 WP No. 21649 of 2026 measuring 1 acre 16 guntas, the same shall be deleted and the name of the petitioners shall be restored. 6. Learned Additional Government Advocate 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.: 59