IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06^TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 838 OF 2022 (LA-UDA)

BETWEEN:

1 . M. MADAPPA S/O LATE MADEGOWDA AGED ABOUT 54 YEARS R/AT No.2378/D6, CH-25/D6 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

2 . THAYAMMA W/O LATE NINGAPPA AGED ABOUT 61 YEARS R/AT No.2378/D1, CH-25/D1 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

3 . M. SHAMBEGOWDA S/O LATE MADEGOWDA AGED ABOUT 72 YEARS R/AT No.2378/D2, CH-25/D2 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

4 . S. PRATHIBHA D/O LATE M. SHIVANNA AGED ABOUT 33 YEARS R/AT No.2378/D3, CH-25/D3 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

5 . M. PUTTAMADHU S/O LATE MADEGOWDA AGED ABOUT 65 YEARS R/AT No.2378/D4, CH-25/D4 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

6 . M. BHANDANNA S/O LATE MADEGOWDA AGED ABOUT 58 YEARS R/AT No.2378/D5, CH-25/D5 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023

7 . M. CHOWDAPPA S/O LATE MADEGOWDA AGED ABOUT 62 YEARS R/AT No.2378/D7, CH-25/D7 (SY.No.7/1B)

NEW KANTHARAJA URS ROAD JAYANAGARA, MYSURU-570 023.

...APPELLANTS (BY SRI. V. LAKSHMINARAYANA, SENIOR ADVOCATE FOR SRI. SRINIVAS V., ADVOCATE)

AND:

1 . STATE OF KARNATAKA REPRESENTED BY IT'S SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001

2 . THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY J.L.B. ROAD, MYSURU-570 005

3 . THE SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY J.L.B. ROAD MYSURU-570 005

4 . SRI. ADI CHUNCHANAGIRI SHIKASHANA TRUST ADI CHUNCHANAGIRI KSHETRA NAGAMANGALA TALUK REP. BY ITS PRESIDENT SRI. SRI. SRI. NIRMALANANDA NATHA SWAMIJIGALU …RESPONDENTS (BY SRI. H.C. SHIVARAMU, ADVOCATE FOR C/R2;

SRI. C.H. DEVARAJA, GA FOR R1)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a) CALL FOR RECORDS IN WP No.35856/2016 ON THE FILE OF THE LEARNED SINGLE JUDGE AND (b) ALLOW THIS APPEAL AND SET-ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.35856/2016 ON 02.08.2022 AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE APPELLANTS AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.02.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This writ appeal is filed by the writ petitioners being aggrieved by the dismissal of Writ Petition No.35856/2016 by judgment dated 02.08.2022.

2. We have heard Shri. V. Lakshminarayana, learned senior counsel as instructed by Shri. S. Srinivas, learned advocate appearing for the appellants as well as Shri. C.H. Devaraja, learned Government Advocate for the first and third respondent so also Shri. H.C. Shivaramu, learned counsel appearing for respondent No.2. There is no appearance for respondent No.4.

3. It is contended by the learned senior counsel appearing for the appellants that a Preliminary Notification was issued by a second respondent under Section 16(1) of the City of Mysore Improvement Act, 1903 on 19.12.1963 for formation of the layout connecting Jayanagar Saraswathipuram, Tonachikoppal in Mysuru. A Final Notification was issued on 25.03.1969 including the writ petition schedule property.

4. It is contended that no steps have been taken thereafter and the petitioners had put up houses by obtaining license from the Grama Panchayat in the year 1981 and the Khata of the property stood transferred in the name of the appellants in the year 1996. The appellants had preferred Writ Petition seeking a declaration that the acquisition had lapsed since neither the compensation was paid nor possession was taken. The learned Single Judge dismissed the Writ Petition on the ground that an earlier challenge had been raised against the