- 1 - HC-KAR NC: 2026:KHC:5282 WP No. 1872 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1872 OF 2026 (LA-UDA) BETWEEN: SRI. HUCHCHAIAH K. S/O. LATE KENCHEGOWDA, AGED ABOUT 50 YEARS, R/AT NO.83, K.SALUNDI, JAYAPURA HOBLI, KERAGALLI POST, MYSORE TALUK, MYSORE - 570026. …PETITIONER (BY SMT. KUSUMA M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE - 560001. 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570005, BY ITS COMMISSIONER. 3. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570005. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1; SRI. G.M. ANANDA, ADV. FOR R2 AND R3) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5282 WP No. 1872 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 15.7.1997, BEARING NO. LAQ CR (1) PR 38/97-98 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED. (OR IN THE ALTERNATIVE) ISSUE A WRIT IN THE NATURE OF DECLARATION OR ANY APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING THAT THE LAND ACQUISITION PROCEEDINGS INITIATED BY ISSUANCE OF PRELIMINARY NOTIFICATION DATED 15.07.1997, BEARING NO. LAQ CR (1) PR 38/97-98 BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION HAS LAPSED BY VIRTUE OF COMING IN TO FORCE OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 IN SO FAR AS SCHEDULE LAND BELONGING TO THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5282 WP No. 1872 of 2026 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for issuance of writ of certiorari to set aside the preliminary notification dated 15.07.1997 passed by the 2nd respondent authority at Annexure-A. In alternative, the petitioner has sought for issuance of writ in the nature of declaration, declaring that the land acquisition proceedings initiated by issuance of preliminary notification dated 15.07.1997 has lapsed. 2. Learned counsel for the petitioner submits that the preliminary notification dated 15.07.1997 was passed proposing to acquire lands including that of the petitioner's. It is further submitted that, thereafter though it is stated final notification has been passed, petitioner's property is not contained in the final notification. It is submitted that in light of the said fact, the petition may be allowed in declaring that the acquisition proceedings of the - 4 - HC-KAR NC: 2026:KHC:5282 WP No. 1872 of 2026 respondent authority do not bind the petitioner and that the proceedings have lapsed. 3. Learned Counsel Sri. G.M. Ananda, appearing for the respondent-authority, submits that the facts asserted are matters of record as also the W.P.No.14302/2021 relating to the same notification in a similar factual matrix has been passed which is also a matter of record. 4. It is to be noted that it is admitted that there was a preliminary notification dated 15.07.1997, the further fact that though final notification is passed, it does not contain the survey number of the petitioner's land, is also not controverted by the respondent. If that were to be so, inaction of the authorities in proceeding further to the preliminary notification passed way back in the year 1997 could be construed, as the respondent authority has abandoned the acquisition proceedings. The order passed in W.P.No.14302/2021 also deals with an identical factual - 5 - HC-KAR NC: 2026:KHC:5282 WP No. 1872 of 2026 circumstance and the observations made therein are noted. 5. Accordingly, it is hereby declared that the preliminary notification insofar as the petitioner's land in Survey No.282/4, measuring an extent of 0.14 guntas situated at Keragalli Village, Jayapura Hobli, Mysore Taluk and District, more fully described in the schedule has been abandoned. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR