- 1 - NC: 2025:KHC:12050 RP No. 379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD REVIEW PETITION NO. 379 OF 2024 BETWEEN: B S SRINIVAS S/O LATE C V SHAMA BHOVI AGED ABOUT 64 YEARS, R/A MARIYAPPANAPALYA JNANABHARATHI POST NAGADEVANAHALLI BANGALORE SOUTH …PETITIONER (BY SRI. KARUMBAIAH T.A.., ADVOCATE) AND: 1. STATE OF KARANTAKA REVENUE DEPARTMENT VIKASA SOUDHA DR.B.R. AMBEDKAR ROAD, BANGALORE-1, BY ITS SECRETARY 2. THE TAHSILDAR BANGALORE SOUTH TALUK KANDAYA BHAVANA K G ROAD, BANGALORE-560001 …RESPONDENTS (BY MS. RASHMI RAO, HCGP FOR R1 AND R2) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:12050 RP No. 379 of 2024 THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF CPC PRAYING TO REVIEW THE ORDER DATED 13.6.2022 PASSED IN W.P. NO. 10912/2019 AND ALLOW THE WRIT PETITION THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The writ petition in W.P.No.10912/2019 is for directions to the Assistant Commissioner, Bengaluru South Sub - Division to resume and restore the possession of the land in Sy.No.73 [old Sy.No.26] of Nagadevanahalli Village, Kengeri Hobli, Bengaluru Southt Taluk [the subject property]. This Court has disposed of the review petitioner's writ petition in W.P.No.10912/2019 by the order dated 13.06.2022. The learned Additional Government Advocate for the respondents contesting the petition has placed on record a copy of the Endorsement dated 09.06.2022 to bring on record that this subject - 3 - NC: 2025:KHC:12050 RP No. 379 of 2024 property is acquired by the Bangalore Development Authority [BDA]. In the light of this defense, this Court has observed that the review petitioner must pursue appropriate remedy for receiving the benefits permissible in law if there is acquisition proceedings. Sri. T. A. Karumbaiah, the learned counsel for the petitioner submits, relying upon Annexure-E1 [which is for Sy No.74 of Nagadevanahalli] that though some portion of the land in Sy. No.74 of Nagadevanahalli is acquired for Gnanabharathi Layout, the subject property is not acquired. This Court, in the present proceedings cannot enter into debate on whether the entire land in Sy.Nos.73 and 74 of Nagadevanahalli is acquired and if acquired, whether there could be a direction to the second respondent [the Tahsildhar] because BDA is not a party to the original petition or the present proceedings. 1 The learned counsel asserts that this endorsement is also for Sy. No.73 of Nagadevanahalli - 4 - NC: 2025:KHC:12050 RP No. 379 of 2024 Hence, the review petition stands disposed of reserving liberty to the petitioner to file a fresh writ petition notwithstanding the disposal of the writ petition in W.P.No.10912/2019 arraying even the BDA as a party subject to all just exceptions in law. SD/- (B M SHYAM PRASAD) JUDGE RB