- 1 - HC-KAR CNR: KAHC010685392025 NC: 2026:KHC:47672-DB WA No. 1745 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1745 OF 2025 (LA-UDA) BETWEEN: 1. THE MYSORE DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI ROAD, MYSORE 570 005. BY ITS COMMISSIONER. 2. SPECIAL LAND TAHASILDAR MYSORE DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, MYSORE 570 005. 3. THE SPECIAL LAND ACQUISITION OFFICER MYSORE DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, MYSORE - 570 005. (NOTE: MYSORE URBAN DEVELOPMENT AUTHORITY IS NOW CALLED MYSORE DEVELOPMENT AUTHORITY IN VIEW OF LEGISLATION OF MYSORE DEVELOPMENT AUTHORITY ACT, 2025) …APPELLANTS (BY SRI. G.B. SHARATH GOWDA, ADVOCATE) AND: SRI. UGRAPPA. G S/O. LATE GIDDAPPA, AGED ABOUT 65 YEARS, R/AT NO. 2378, 4TH CROSS, 5TH MAIN, VINAYAKANAGARA, MYSORE - 570 026. …RESPONDENT Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010685392025 NC: 2026:KHC:47672-DB WA No. 1745 of 2025 THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I) ALLOW THIS WRIT APPEAL AND II) SET ASIDE THE ORDER DATED 05/12/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.32680/2024 AND DISMISS THE WRIT PETITION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Despite service of notice, no one is present on behalf of the respondent. Hence, the respondent is placed ex- parte. 2. The present Writ Appeal has been filed with delay of 277 days. Having considered the affidavit filed in support of the application seeking condonation of delay, we find that the reasons disclosed for not filing the appeal on time are bona fide and genuine. Therefore, we accept - 3 - HC-KAR CNR: KAHC010685392025 NC: 2026:KHC:47672-DB WA No. 1745 of 2025 the explanation and condone the delay of 277 days in filing the present appeal. 3. The respondent filed a Writ Petition for a Writ of Mandamus commanding the appellants to allot incentive sites measuring 46 x 60 Sq.ft. and one site measuring 30 x 40 Sq.ft. and execute the sale deed. When the land was acquired, the learned single judge relying on Office Memorandum bearing No. LAC/MC/147/84-85 directed the appellant - authority to allot incentive sites and execute registered sale deed in favour of the petitioner. 4. It would be relevant to take note of few facts before coming to the impugned judgment passed by the learned Single Judge. The respondent was owner of 3 Acres 34 guntas of land in Sy.No. 170/2 and 39 guntas in Sy.No. 171/6. Total 4 Acres 33 guntas situated at Hinakal Village, Kasba Hobli, Mysore Taluk. The said land was acquired by the appellant - authority, for which the compensation was determined as Rs.96,500/- per acre by award dated 31.01.1985. The acquisition of the land was - 4 - HC-KAR CNR: KAHC010685392025 NC: 2026:KHC:47672-DB WA No. 1745 of 2025 delivered by the respondent and compensation amount was withdrawn by the respondent on 11.02.1985. He submitted an application on 26.03.1985 requesting for allotment of one site measuring 40x60 Sq.ft. He was allotted Site No. 11 measuring 40x60 Sq.ft. at Vijayanagar first stage and after the allotment of the said site, the land acquisition got concluded, i.e., allotment of incentive site in the year 1987 and payment of compensation as determined. After 1987, i.e., after 36 years, he filed a representation dated 18.02.2023 seeking allotment of additional incentive site. 5. We are of the considered view that such a claim could not have been entertained by the Writ Court. Land acquisition proceedings got concluded way back in 1985 and he was allotted one incentive site in the year 1987 and he was paid the compensation in the year 1985 as mentioned above. We, therefore, set aside the impugned judgment and order and allow this Writ Appeal. - 5 - HC-KAR CNR: KAHC010685392025 NC: 2026:KHC:47672-DB WA No. 1745 of 2025 The Writ Appeal is allowed. All pending applications stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 19