Smt. Javaramma v. State of Karnataka

e -e1e-eeeee e e NC:(2026:KHC:7572 WP(No.(1841(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(9 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(1841(OF(2026((LA-UDA) BETWEEN:(

1., SMT.,JAVARAMMA, W/O,SIDDEGOWDA, AGED,ABOUT,89,YEARS, NO.1,,BADAGALAHUNDI, JAYAPURA,HOBLI,,KERGALI,MYSORE, KARNATAKA,-,570,026, …PETITIONER, (BY,SRI.,SHARATH,CHANDRA,N.,,ADVOCATE), AND: Digitally signedtiby 1., STATE,OF,KARNATAKA, VIJAYA0P Location: DEPARTMENT,OF,URBAN,DEVELOPMENT, HIGH0COURT OF TH435,,4 ,FLOOR,,VIKAS,SOUDHA, KARNATAKA BANGALORE-560,001, REPRESENTED,BY,ITS,SECRETARY,

2., THE,COMMISSIONER, MYSORE,URBAN,DEVELOPMENT,AUTHORITY, JHANSI,LAKSHMI,BHAI,ROAD, MYSORE,-,570,005, e -e2e-eeeee e e NC:(2026:KHC:7572 WP(No.(1841(of(2026

3., SPECIAL,LAND,ACQUISITION,OFFICER, MYSORE,URBAN,DEVELOPMENT,AUTHORITY, JHANSI,LAKSHMI,BHAI,ROAD, MYSORE,-,570,005, …RESPONDENTS, (BY,SRI.HARISHA.A.S,,AGA,FOR,R1, ,,,,,SRI,G.B.SHARATH,GOWDA,,ADVOCATE,FOR,R2,AND,R3), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT,OF, CERTIORARI,OR,ANY,OTHER,WRIT,OR,ORDER,QUASHING,THE, PORTION, OF, THE, PRELIMINARY, NOTIFICATION, BEARING, NUMBER,LAQ.CR(1),PR38/97-98,DATED,15.07.1997,ISSUED,BY, THE,RESPONDENT,NO.,2,I.E.,,MYSORE,URBAN,DEVELOPMENT, AUTHORITY,,AT,ANNEXURE,-,A,AS,INVALID,IN,SO,FAR,AS,IT, RELATES, TO, THE, PROPERTIES, OF, THE, PETITIONER, HEREIN, WHICH,IS,MENTIONED,AT,SL.,NO.,228,AND,361,THEREIN,,AND, ETC.,,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for quashing of the Preliminary Notification dated 15.07.1997 issued by respondent No.2-Muda insofar as it relates to the properties of the petitioner.

¶2Petitioner submits that though the Preliminary Notification is of the year 1997, no steps have been taken by the respondent-authority to pass Final Notification and to effectuate the acquisition proceedings.

¶3Counsel for respondent Nos.2 and 3 files a memo and submits that the survey numbers of the petitioner do not find a mention in the Final Notification issued on 29.03.2001. The observations made in W.P.1881/2026 may be taken note of.

¶4The observations made in W.P.No.1881/2026 at paragraph Nos.4 and 5 are extracted below: "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 circumstance and the observations made therein are noted.

¶5Accordingly, it is hereby declared that the preliminary notification insofar as the petitioner's land in Survey No.2, measuring an extent of 1.22 acres situated at Keragalli Village, Jayapura Hobli, Mysore Taluk and District, more fully described in the schedule has been abandoned."

¶5Taking note of the order passed with respect to the same notification declaring that the acquisition proceedings have been abandoned, on parity, an identical order may be passed in the present matter also.

¶6Taking note that the Preliminary Notification is of

15.07.1997 and that till date no proceedings have been initiated to effectuate the land acquisition proceedings, it would be appropriate to construe as the acquisition proceedings have been abandoned.

¶7Accordingly, the Preliminary Notification insofar as the petitioner's land as described in the Schedule is declared to have been abandoned.

¶8Accordingly, petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE VM List No.: 1 Sl No.: 20