IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100542 OF 2026 (LA-UDA)

BETWEEN:

SMT. SARASWATI W/O. RAJANIKANT DODDAMANI AGED ABOUT 55 YEARS, R/O. HOUSE NO.148, BASAVESHWARNAGAR, LAKSHMI LAYOUT, GOKUL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580021.

…PETITIONER (BY SMT. NAYANA TARA B.G., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA VEEDHI, BENGALURU-560001.

2. HUBBALLI DHARWAD URBAN DEVELOPMENT REPRESENTED BY ITS COMMISSIONER, MANJANNA NAVANAGAR, HUBBALLI, TQ. HUBBALLI, E DIST. DHARWAD-580021.

…RESPONDENTS D M i A g N ita JA lly N s N ig A n E ed by (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1;

Location: HIGH COURT OF KARNATAKA SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2)

DHARWAD BENCH Date: 2026.02.21 11:31:20 +0530 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 23- 07-2010 BEARING NO.SAM.HU.DHA.NA.PRA.BHUSWA-2/C.AR-4/2009- 10, 1/1565, ISSUED UNDER SECTIONS 17(1) AND 17(3) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987, INSOFAR AS IT RELATES TO THE PETITIONER’S LANDS BEARING SY. NO. 82/2 MEASURING 4 ACRES 8 GUNTAS AND SY.NO.82/3 MEASURING 2 ACRES 20 GUNTAS, SITUATED AT GABBUR VILLAGE, HUBBALLI TALUK, DHARWAD DISTRICT, PRODUCED AS ANNEXURE-H;

AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioner has approached this Court seeking for the following prayers.

“a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Preliminary Notification dated 23-07-2010 bearing No. SAM.HU.DHA.NA.PRA.BHUSWA-2/C.AR- 4/2009-10, 1/1565 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 insofar as it relates to the petitioner's lands bearing Sy.No.82/2 measuring 4 Acres 8 Guntas and Sy.No.82/3 measuring 2 Acres 20 Guntas, situated at Gabbur Village, Hubballi Taluk, Dharwad District, produced as Annexure-H;

b. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the endorsement bearing No.Hu.Da.Na.Pra:Bhu. Swa/2024-25/E-180395 dated 06.12.2025 issued by Respondent No.2, produced as Annexure-K;

c. Declare that the entire acquisition proceedings initiated pursuant to the Preliminary Notification dated 23-07-2010 have lapsed, on account of inordinate delay, abandonment, non-issuance of final notification, non-passing of award, non- payment of compensation, non-taking of possession, absence of subsisting public purpose and by operation of law, including under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

d. Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.”

2. The petitioner has called in question the preliminary notification dated 23.07.2010 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 (“the Act” for short) (Annexure-H) in respect of the petitioner’s land bearing Sy.No.82/2 measuring 4 Acres 8 Guntas and Sy.No.82/3 measuring 2 Acres 20 Guntas, both are situated at Gabbur Village, Hubballi Taluk, Dharwad District.

3. Respondent No.2 thereafter by a resolution dated

06.08.2016 (Annexure-J), resolved to drop the entire scheme pertaining to the Gabbur village and recommended respondent No.1-State to drop the acquisition proceedings. However, no further action was taken by the State Government pursuant to the said resolution. No final declaration under Section 19 (1) of the Act was issued. Aggrieved by the inaction and continuation of the preliminary notification,