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2026 Supreme(Online)(Kar) 25149

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SRI MUNIRAJU M – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 10705/2023



Reserved on : 25.04.2026 Pronounced on : 27.04.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.10705 OF 2023 (LA - RES)

BETWEEN:

SRI MUNIRAJU M., S/O LATE MUNISWAMAPPA AGED ABOUT 39 YEARS RESIDING AT ERANAPALYA VISHWANEEDAM POST SREEGANDHADAKAVALU YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 091.

... PETITIONER (BY SMT.SADHANA M.DESAI, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.

2 . THE SPECIAL LAND ACQUISITION OFFICER REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA – 560 001.

3 . KARNATAKA STATE GOVERNMENT ‘D’ GROUP EMPLOYEES CENTRAL ASSOCIATION (R)

DR.AMBEDKAR VEEDHI M.S.BUILDING, 2ND STAGE BENGALURU REPRESENTED BY ITS PRESIDENT B.M.NATARAJ.

4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-4, BANGALORE URBAN DISTRICT SAHAKARA SOUDHA NO.146, 3RD MAIN, 8TH CROSS MARGOSA ROAD MALLESHWARAM BENGALURU – 560 003.

... RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R-1, R-2 AND 4;

CAUSE TITLE AMENDED VIDE ORDER DATED 11.10.2023;

R-3 – NOTICE IS HELD SUFFICIENT VIDE ORDER DATED

24.01.2024)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE R-2 PERTAINING TO THE PRELIMINARY NOTIFICATION DATED 25/03/1992 VIDE NOTIFICATION NO. LAQ.SR.1-91-92 ISSUED UNDER SEC 4(1) OF THE LAND ACQUISITION ACT AS PER ANNEXURE-J AND THE FINAL NOTIFICATION DTD 29/01/1996 PASSED UNDER SEC BEARING NO.KA.E.191 BHOO.SWAABE86 AS PER ANNEXURE-K IN RESPECT OF THE LAND BEARING SY.NO.28 OF SRIGANDHADAKAVALU VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU PETEITONER CONCERN ONLY; QUASH THE PRELIMINARY NOTIFICATION DTD 25/03/1992 VIDE NOTIFICATION NO. LAQ.SR.1-91-92 ISSUED UNDER SEC 4(1) OF THE LAND ACQUISITION ACT AS PER ANNEXURE-J AND THE FINAL NOTIFICATION DTD 29/01/1996 PASSED UNDER SEC BEARING NO.KAM.E.191 BHOO.SWAABE86 AS PER ANNEXURE-K IN RESPECT OF THE LAND BEARING SY.NO.28 OF SRIGANDHADAKAVALU VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU MEASURING AN EXTENT OF 1.00 ACRE IS CONCERNED.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.04.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court calling in question preliminary notification dated 25-03-1992 and final notification dated 29-01-1996 and consequent actions taken thereto qua the property of the petitioner.

2. Heard Smt. Sadhana M. Desai, learned counsel for the petitioner and Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1, 2 and 4.

3. Facts, in brief, germane are as follows: -

3.1. Since the challenge in the subject petition pertains only to the acquisition proceedings, it would suffice if the facts are narrated from the stage of preliminary notification being issued.

3.2. The subject acquisition proceedings are initiated in the year 1992 by issuance of a preliminary notification dated 25-03-1992 under Section 4(1) of the Land Acquisition Act, 1894 (‘Act’ for short) for the purpose of construction of a layout by the 3rd respondent/Association. The petitioner’s land is listed at Sl.No.10 of the notification. Four years later, a final notification under Section 6(1) of the Act comes to be issued on 29-01-1996. Pursuant thereto, a general award came to be passed on 07-02-1998 under Section 11 of the Act and an award notice under Section 12(2) of the Act was subsequently issued on 09-02-1998 to several persons, including the petitioners grandfather -

Munihanumaiah. On 10-03-1998, a General Power of Attorney (GPA) comes to be executed by Munihanumaiah, along with his legal heirs, in favour of Venkatappa, authorizing him to act on their behalf in all matters relating to 2 acres of the land in Sy.No.28. It is the averment of the petitioner that subsequently, a corrigendum dated 16

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