- 1 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 207 OF 2024 BETWEEN: 1. SRI H K PARTHA S/O LATE H D KRISHNAIAH, AGED ABOUT 81 YEARS 2. SMT. H K SUSHEELA D/O LATE H D KRISHNAIAH, AGED ABOUT 81 YEARS, 3. SMT. PANKAJA W/O LATE H K NARAYANA AGED ABOUT 71 YEARS, 4. SRI H K DASU S/O LATE H D KRISHNAIAH, AGED ABOUT 74 YEARS, PETITIONERS NO.1 TO 4 ARE R/AT BEHIND BUS STOP, MYSURU-HUNSUR ROAD, HINAKAL, BANGALORE-570017. 5. SMT. ANITHA M D/O LATE MOGANNA GOWDA, W/O MANJUNATH, AGED ABOUT 54 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 R/AT PANDAVAPURA, BESIDE VIJAYA BANK, A C OFFICE ROAD, PANDAVAPURA TOWN, MANDYA DIST-571434. …PETITIONERS (BY SRI. PRAKASH M H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING, BANGALORE-560001. REP. BY ITS SECRETARY 2. MYSURU URBAN DEVELOPMENT AUTHORITY JANSI LAKSHMI BAI ROAD, MYSURU-57005. REP. BY ITS COMMISISONER, 3. THE SPECIAL LAND ACQUISITION OFFICER ATTACHED TO MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU-570005. …RESPONDENTS (BY SRI.K.S. HARISH, GA FOR R1) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC PRAYING TO DIRECT THE REGISTRY TO PUT UP RECORDS IN W.A. NO.255/2024 (LA- UDA), ALLOW THE PETITION AND TO REVIEW THE JUDGMENT DATED 25.03.2024 PASSED BY THIS HONBLE IN WA NO. 255/2024 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and - 3 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present review petition is filed seeking to review the order dated 25.03.2024 passed by a Co-ordinate bench of this Court in WA.No.255/2024 (LA-UDA). 2. Heard learned counsel for the petitioners and learned Government Advocate for respondent No.1. 3. WA.No.255/2024 was filed calling in question the order dated 03.01.2024 passed in WP No.15145/2023 (LA-UDA), whereby the writ petition filed by the petitioner/appellant challenging the acquisition of lands was dismissed. The petition was dismissed primarily on the ground of constructive res judicata. The earlier round of litigation in WP.No.15947/2006, which was filed by the brother of the petitioners, was rejected. The Said decision was confirmed in WA.No.1297/2009 and the Special Leave Petition (SLP.No.936/2010) was dismissed. Thus, the present proceedings initiated by the petitioners would be barred due to constructive res judicata. It was noticed that the Special Leave Petition was - 4 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 dismissed with liberty to the petitioners to make a representation for release of land from acquisition. 4. It is forthcoming that the preliminary notification dated 01.04.1981 which was published in the gazette on 25.06.1981, was followed by the final notification dated 29.03.1984 which was published in the gazette on 31.03.1984. The general award was passed on 21.04.1986 and the individual awards were made on 13.04.2009. 5. The primary contention urged by the review petitioners in the present petition is that various other landowners had filed writ petitions regarding their entitlement to incentive sites and this Court has directed the Mysore Urban Development Authority [Hereinafter referred as to 'MUDA'], to consider the same. The same was accepted by MUDA. Learned counsel for the petitioners had filed a memo placing on record copies of orders passed in various writ petitions. Hence, he seeks for a similar order in the present review petition. 6. It is pertinent to note that in the writ petitions, on which reliance is placed, the petitioners therein whose lands were acquired for various projects by the MUDA had made a - 5 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 representation for allotment of 'incentive sites'. This Court appreciating various types of fact situations, noticed that various trade sites are available and directed the MUDA to consider the allotment of the same. The judgments relied upon by the learned counsel for the petitioners would not aid the case of the petitioners inasmuch as, the petitioners herein are not similarly placed as the petitioners in the writ petitions. 7. It is pertinent to note that in the writ appeal, a contention was putforth on behalf of the petitioners regarding their entitlement for allotment of compensatory sites in terms of the resolution dated 22.10.1990 which was negatived in the judgment under review. The reasons for the same are enumerated at para.4(g) of the order under review dated 25.03.2024. In the review petition, the petitioners at para.No.4(h) have specifically averred that subsequent to passing of the judgment the petitioners came to know the directions issued by this Court for consideration of allotment of sites in terms of the resolution dated 22.10.1990. 8. It is clear that the contention regarding entitlement of the petitioners to compensatory sites in terms of the resolution dated - 6 - HC-KAR NC: 2025:KHC:41302-DB RP No. 207 of 2024 22.10.1990 has been putforth in the writ appeal and has been specifically rejected. 9. In view of the aforementioned discussions, the petitioners have not made out any ground to review the judgment dated 25.03.2024 passed in WA.No.255/2024 (LA-UDA). 10. Accordingly, the above petition is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 38