- 1 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.33961 OF 2025 (LB-RES) BETWEEN: 1. SMT. R ANJANA, W/O. LATE N.S. NARAYANA, AGED ABOUT 56 YEARS, RESIDING AT NO.F-18, 2 MAIN, 7 CROSS, VIDYARANYAPURA, MYSORE-570 008. 2. SRI. H.R. KEMPRAJ S/O. H.R. RAME GOWDA, AGED ABOUT 63 YEARS, RESIDING AT NO.203, 3 MAIN, 7TH CROSS, A-1 BLOCK, VIJAYANAGAR, 3 STAGE, MYSORE-570 008. 3. SMT. LAKSHMI N., W/O. LATE VASUDEVA MURTHY, AGED ABOUT 65 YEARS, RESIDING AT NO.384, VINAYAKA ROAD, JANATHA NAGAR, MYSORE-570 023. 4. SRI. M.T. NANDISH, S/O. LATE M.C. THRIYAMBAKA SWANSY AGED ABOUT 47 YEARS, RESIDING AT NO.23 1-STAGE, 1ST CROSS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 GANGOTHRI LAYOUT, MYSORE-570 009. 5. SMT. K.P. SHANTHAMMA W/O. SRIKANTE GOWDA, AGED ABOUT 77 YEARS, RESIDING AT NO.44 NIRAJAN, 6TH CROSS, NEAR KAMAKSHI HOSPITAL, SARASWATHIPURAM, MYSORE-570 009. 6. SMT. SOWBHAGYA MURTHY, W/O. LATE R. SRINIVASA MURTHY, AGED ABOUT 72 YEARS, RESIDING AT NO.961/V, 2 MAIN, NEXT TO SBL, VIDYARANYAPURA, MYSORE-570 008. 7. SMT. VIDYA R., W/O. LATE H.S. NIRANJANA BABU, AGED ABOUT 51 YEARS, RESIDING AT NO.44, 1 FLOOR, 6 CROSS, KAMAKSHI HOSPITAL ROAD, KUVEMPU NAGAR, MYSORE-570 009. 8. SRI. T.G. VENKATESH, S/O. T.V. GOVINDA GOWDA, AGED ABOUT 60 YEARS, LIG 35, 2 STAGE, KHB KUVEMPU NAGAR, MYSORE-570 023. 9. SMT. A.V. UMAMANI, W/O. LATE VENUGOPAL RAO H.S. AGED ABOUT 77 YEARS, RESIDING AT NO.119, - 3 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 DHAVALAGIRI, 4 CROSS, BOGADI, YASHWINI LAYOUT, MYSORE-570 026. 10. SMT. KUSUMA, W/O. LATE SADASHIVA SHETTY K.C., AGED ABOUT 70 YEARS, RESIDING AT NO.9, SATHYA HARISHCHANDRA ROAD, 11TH CROSS, YARAGANAHALLI NEW EXTENSION, SIDDARTHANAGAR, MYSORE-570 011. …PETITIONERS (BY SRI. B.S. SRINIVAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI RANI LAXMIBAI ROAD, MYSORE-570 004, REPRESENTED BY ITS COMMISSIONER. 3. TOWN PLANNING COMMITTEE MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI RANI LAXMIBAI ROAD, MYSORE - 570 004, REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP. FOR R.1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R.2 AND R.3.) - 4 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 67(3) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987, IS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA, TO THE EXTENT IT CONFERS UNGUIDED, UNREGULATED, AND ARBITRARY POWER UPON THE STATE GOVERNMENT TO CANCEL, RESCIND, OR MODIFY RESOLUTIONS OF URBAN DEVELOPMENT AUTHORITIES WITHOUT ANY LIMITATION PERIOD, OBJECTIVE CRITERIA, OR MANDATORY PROCEDURAL SAFEGUARDS, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition is filed with the following prayers:- "(a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, declaring that Section 67(3) of the Karnataka Urban Development Authorities Act, 1987, is unconstitutional and ultra vires Articles 14 and 21 of the Constitution of India, to the extent it confers unguided, unregulated, and arbitrary power upon the State Government to cancel, rescind, or modify resolutions of Urban Development Authorities without any limitation period, objective criteria, or mandatory procedural safeguards; - 5 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 (b) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the order bearing No.NaAaE149 Mai AaPraaa(Bhaa-2) Bengaluru dated 30.11.2024 passed by the 1st respondent, produced at Annexure-L; (c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction; directing the respondents to confirm the allotments made in favour of the petitioners and put them in possession of the sites allotted to them; (d) Grant such other reliefs that may be deemed fit by this Hon'ble Court, under the facts and circumstances of the case, in the interest of justice and equity." 2. The issue in the instant writ petition has been substantially dealt with by this Court in Civil Contempt Petition No.655/2023 c/w. Writ Petition Nos.29219/2023, 33513/2024, wherein the operative portion of the order reads as under:- "IV CONCLUSION: i. We are, therefore, of the considered view that the Government Order dated 30.11.2024 is perfectly justified as it is within the powers of the State - 6 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 Government and does not require any interference. Thus, we dismiss W.P. No.33513/2024. ii. CCC No.655/2023 filed by the Sangha also stands dismissed as the order dated 19.04.2023 passed in Review Petition No.135/2023 was obtained by misleading the Court. The Court was not placed with the correct facts. The Court was made to believe that the Government Order dated 11.07.1997 was in existence and therefore, the order dated 19.04.2023 was passed in the review petition. As the order dated 19.04.2023 was passed by misleading the Court, it cannot be given effect to and no contempt can be said to have been committed by the alleged contemnor. Further, the Government has cancelled the resolution dated 21.03.2023 passed by the MUDA vide Government Order 30.11.2024 in exercise of its powers under Section 67(3) of the KUDA Act and we have dismissed the writ petition challenging the Government Order dated 30.11.2024. The cancelled resolution dated 21.03.2023, even otherwise, cannot be given effect to. Thus, we hold that no contempt has been committed by the alleged contemnor, therefore, we dismiss the contempt petition. iii. We also dismiss W.P.No.29219/2023 filed by Mr. Veer Kumar Jain as infructuous insofar as it - 7 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 relates to challenge to the MUDA's Resolution dated 21.03.2023 is concerned as the Resolution dated 21.03.2023 has been cancelled by the Government Order dated 30.11.2024. iv. Despite the dismissal of W.P.No.29219/2023, the MUDA and the State Government may take a decision independent of the Government Order dated 11.07.1997 for allotment of sites to the Members of the Sangha as per the relevant policy in this regard. v. We have been informed that in pursuance to the Resolution dated 21.03.2023 of the MUDA, several sale deeds have been registered in favour of some members of the Sangha and few have been left out. If the State Government is not canceling the sale deeds already executed in favour of some Members of the Sangha, the other Members of the Sangha are also to be given similar treatment. With aforesaid directions, we close these proceedings. In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of." - 8 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 3. The aforementioned order of the Division Bench of this Court has been confirmed by the Apex Court in Special Leave to Appeal (C) No(s).35000/2025. The same reads as under:- " We have heard learned counsel for the petitioners, at length. We dispose of this Special Leave Petition by reserving liberty to the petitioners herein to seek implementation of the directions made in sub- paragraphs (iv) and (v) of the main paragraph IV- Conclusion. It is needless to observe that if the petitioners herein seek implementation of those paragraphs, the same shall be done as expeditiously as possible as it is stated that the petitioners have been agitating for their rights for over four decades. It needless is to observe that for the implementation of the aforesaid directions, the petitioners are entitled to seek all remedies that are available to them in law. Pending application(s), if any, shall stand disposed of.” - 9 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 4. It is not in dispute that the petitioners are also similarly situated as that of the petitioners in Writ Petition Nos.29219/2023, 33513/2024. 5. Under the said circumstances, the learned counsel appearing for the petitioners fairly submits that if the representation of the petitioners is considered by the respondents as directed by this Court in Civil Contempt Petition No.655/2023 c/w. Writ Petition Nos.29219/2023, 33513/2024 and as directed by the Apex Court in Special Leave to Appeal (C) No(s).35000/2025, the petitioners would be satisfied. The respondents have no objection for the same. Hence, the following:- ORDER i. The writ petition is disposed of. ii. The respondents are hereby directed to consider the case of the petitioners as per the directions issued by this Court in Civil Contempt Petition No.655/2023 c/w. Writ Petition Nos.29219/2023, 33513/2024 and the Apex Court in Special Leave to - 10 - HC-KAR NC: 2026:KHC:14560 WP No. 33961 of 2025 Appeal (C) No(s).35000/2025, in accordance with law and pass appropriate orders thereafter within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 50