- 1 - HC-KAR NC: 2026:KHC:5278 WP No. 34094 of 2025 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. 34094 OF 2025 (LA-UDA) BETWEEN: 1. SRI MALLESH, S/O. MADEGOWDA, AGED ABOUT 49 YEARS, R/AT JAYAPURA HOBLI, KERGALLI, MYSORE TALUK, MYSORE - 570026. 2. SRI. M. MALLAIAH, S/O. MALEGOWDA, AGED ABOUT 47 YEARS, R/AT NO.75, JAYAPURA HOBLI, KERGALLI, MYSORE TALUK, MYSORE - 570026. …PETITIONERS (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, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5278 WP No. 34094 of 2025 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. T.P. VIVEKANANDA, ADV. FOR R2 AND R3) 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 2ND RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS 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 2ND 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 PETITIONERS IS CONCERNED. - 3 - HC-KAR NC: 2026:KHC:5278 WP No. 34094 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioners have 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 petitioners submits that the preliminary notification dated 15.07.1997 was passed proposing to acquire lands including that of the petitioners'. It is further submitted that, thereafter though it is stated final notification has been passed, petitioners' property is not contained in the final notification. It is submitted that in light of the said fact, the petition may be - 4 - HC-KAR NC: 2026:KHC:5278 WP No. 34094 of 2025 allowed in declaring that the acquisition proceedings of the respondent authority do not bind the petitioners and that the proceedings have lapsed. 3. Learned Counsel Sri. T.P. Vivekananda, 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 petitioners' 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 - 5 - HC-KAR NC: 2026:KHC:5278 WP No. 34094 of 2025 in W.P.No.14302/2021 also deals with an identical factual circumstance and the observations made therein are noted. 5. Accordingly, it is hereby declared that the preliminary notification insofar as the petitioners' land in Survey No.30/1, measuring an extent of 0.07 acres belonging to petitioner No.1 and 0.11 acres belonging to petitioner No.2 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