- 1 - HC-KAR NC: 2026:KHC:35851 WP No. 20960 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20960 OF 2026 (LA-UDA) BETWEEN: 1. SRI. HUCHAPPA S/O LATE PUTTAPPA, AGED ABOUT 61 YEARS, NO.16, SARKARIUTHANAHALLI, VARUNA HOBLI, MYSURU-571311 2. SRI. NINGAPPA, S/O LATE PUTTAPPA, AGED ABOUT 62 YEARS, NO.15, SARKARIUTHANAHALLI, VARUNA HOBLI, MYSURU - 571311. …PETITIONERS (BY SRI. LINGARAJU K.R., ADVOCATE) 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, JLB ROAD, MYSURU-570 007. …RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35851 WP No. 20960 of 2026 (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 WP 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 PETITIONER’S LAND BEARING SURVEY NO.169/1 MEASURING 13 GUNTAS SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL. NO.131 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 ANNEXURES-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 ORAL ORDER The petitioners have challenged the preliminary notification bearing No.J¯ïJPÀÆå(4)¹Dgï31/2005-06 dated 13.12.2006 issued by the respondent No.2 under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987, (for short, 'the Act, 1987') in respect of the land bearing Sy. - 3 - HC-KAR NC: 2026:KHC:35851 WP No. 20960 of 2026 No.169/1 measuring 13 guntas situate at Lalithadripura village, Varuna Hobli, Mysuru Taluk and District, and grant the same relief as granted in similar writ petitions i.e. W.P. No.56078/2016 (disposed off on 03.11.2016) and W.P. Nos.29288-29289/2019 (disposed off on 12.07.2019). 2. Petitioners contend that they are the owners of the aforesaid land and it was proposed for acquisition by the respondent No.2 for formation of Lalithadrinagar 2nd Stage Layout. However, the respondent No.1 did not take any further steps by issuing a notification under Section 19(1) of the Act, 1987 and by passing an award and taking over possession of the land in question. Therefore, it is contended that the respondent No.1 has abandoned the proposal for formation of Lalithadrinagar 2nd Stage layout and hence, the continuation of the impugned notification would serve no useful purpose. 3. The learned counsel for the petitioners reiterated the above submissions and submitted that a coordinate Bench of this Court in terms of the order dated 03.11.2016 passed in W.P. No.56078/2016, has allowed the writ petition and set at nought the preliminary notification impugned in the present - 4 - HC-KAR NC: 2026:KHC:35851 WP No. 20960 of 2026 petition in respect of the land of the petitioner therein. Similarly, another coordinate Bench of this Court in terms of the order dated 12.07.2019, has disposed off the writ petition and has quashed the said preliminary notification dated 13.12.2006 in so far as the land of the petitioners therein is concerned. He, therefore, prays that a similar order be passed in this petition as well. 4. The learned counsel for the respondent Nos.2 and 3 does not dispute that the final notification under Section 19(1) of the Act, 1987 is not issued by the respondent No.1 and no steps are taken to finalize the acquisition in respect of the land of the petitioners. He also does not dispute that similar questions of fact and law arose for consideration in W.P No.56078/2016 and W.P Nos.29288-29289/2019 and that the respective coordinate Benches of this Court had diluted the impugned preliminary notification issued by the respondent No.2. 5. Hence the petition is allowed. The impugned preliminary notification bearing No.J¯ïJPÀÆå(4)¹Dgï31/2005-06 dated 13.12.2006 issued by the respondent No.2 under Section - 5 - HC-KAR NC: 2026:KHC:35851 WP No. 20960 of 2026 17(1) of the Karnataka Urban Development Authorities Act, 1987, in respect of the land bearing Sy. No.169/1 situate at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District, measuring 13 guntas, is quashed. If the name of the respondent No.1 and/or respondent No.2 is entered in the revenue records in respect of the land bearing Sy.No.169/1 of Lalithadripura village based on the aforesaid preliminary notification, the same shall stand deleted and the name of the petitioners shall stand restored. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 35