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2025 Supreme(Online)(Kar) 22408
KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
SRI DAYANAND J – Appellant
Versus
STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 16541 OF 2025
For the Appellants/Petitioners: SRI. LINGARAJU K.R.
For the Respondents: SRI.SPOORTHY HEGDE.N., SRI.G.B.SHARATH GOWDA
The court quashed the preliminary notification for land acquisition, affirming petitioners' rights based on earlier precedents.
Headnote:(A) Karnataka Urban Development Authority Act, 1987 - Section 17(1) - Quashing of preliminary notification for land acquisition - Petitioners sought to quash the notification which did not comply with the legal requirements - The earlier judgments reaffirmed the right of petitioners to their land - The Court found merit in the petition and quashed the notification concerning specific land measures. (Paras 1, 3, 5)
(B) Precedent - The court followed the judgment rendered by a Co-ordinate Bench, acknowledging the position of law established therein. (Paras 3, 4)
Facts of the case:
The petitioners sought to quash a preliminary notification issued for the acquisition of land measuring 1 acre 37 guntas under the Karnataka Urban Development Authority Act, relying on previous judgments supporting their claim.
Findings of Court:
The Court recognized the petitioners' rights and held that the preliminary notification was to be quashed as it failed to meet requisite legal standards.
Issues: The principal issue revolved around the validity of the notification under the Karnataka Urban Development Authority Act and whether previous court orders supported the petitioners’ case.
Ratio Decidendi: The court ruled favorably for the petitioners by validating prior decisions that underscored their entitlement to the property and concluded that the notification was legally untenable.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. proceeding to quash the preliminary notification. (Para 2) |
| 2. validation of prior relevant judgments. (Para 3 , 4) |
ORAL ORDER
The petitioners are before this Court seeking the following prayer:
"a. Issue a writ or order in the nature of Certiorari quashing the Preliminary Notification bearing No. LAQ (6) CR 434/ 2005-06 dated 12/12/2006, issued by the Respondent No. 2, vide Annexure-A. Published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 for formation of layout known as "Shanthaveri Gopalagowda Nagar 2nd stage", in respect of the petitioner land bearing sy.no.5/2 measuring 1 Acre 37 Guntas situated at Sarkari Uthanahalli Village, Kasaba Hobli, Mysuru Taluk and District (Sl. No. 212 in the Preliminary Notification) in terms of orders in W.P. No. 45022/2017 dated 26/10/2017, W.P. Nos. 25692-25693/2018 dated 19/06/2018 and W.P. No.14683/2023 (LA-UDA) dated 07/09/2023 vide Annexure -F, F1 and F2, respectively.
b. Pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case including cost of the proceedings, so as to meet the ends of Justice and equity."
2. Heard learned counsel Sri Lingaraju.K.R., for the petitioners, learned counsel Sri Spoorthy Hegde.N., for respondent No.1 and learned counsel Sri G.B.Sharath Gowda, for respondent Nos.2 and 3.
3. Learned counsel for the petitioners submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench in the case of Sri.J.Dayanand and others vs. State of Karnataka and others [W.P.No.14683/2023 disposed of on 07.09.2023]. The operative portion of the order reads as under:
"Accordingly, following:
ORDER
1. Petition is allowed.
2. Preliminary Notification dated 12.12.2006 is quashed to the extent of the land measuring 36 guntas in Sy.No.48/1, of Bandipalya Village, Kasaba Hobli, Mysuru Taluk, belonging to the petitioners notified at Sl.No.67."
4. Learned counsel for the respondents is not in a position to dispute the position of law as laid down by the Co- ordinate Bench which will itself was following the earlier orders passed by the other Co-ordinate Bench. In that light, the petition deserves to succeed.
5. In that light, the following:
ORDER
i) Writ petition is allowed.
ii) Preliminary Notification dated 12.12.2006 is quashed to the extent of the land measuring 1 acre 37 guntas situated at Sarkari Uthanahalli Village, Kasaba Hobli, Mysuru Taluk and District, belonging to the petitioners notified at Sl.No.212.
