- 1 - NC: 2025:KHC-D:3469 RP No. 100073 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 100073 OF 2018 BETWEEN: THE COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGLAURU-560001, REPRESENTED BY THE ASST. EXECUTIVE ENGINEER, KHB, BAGALKOTE. …PETITIONER (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND: 1. SIDDANAGOUDA S/O. MUDAKANAGOUDA JAKKANAGOUDRA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: GADDANAKERI, TQ & DIST: BAGALKOTE-580172. 2. BASAVARAJU S/O. MUDAKANAGOUDA JAKKANAGOUDRA, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: GADDANAKERI, TQ & DIST: BAGALKOTE-580172. 3. NAGARAJU S/O. MUDAKANAGOUDA JAKKANAGOUDRA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: GADDANAKERI, TQ and DIST: BAGALKOTE-580172. 4. RAMANA S/O MUDAKANAGOUDA JAKKANAGOUDRA, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: GADDANAKERI, TQ & DIST: BAGALKOTE-580172. 5. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:17:33 +0530 - 2 - NC: 2025:KHC-D:3469 RP No. 100073 of 2018 REVENUE DEPARTMENT (LAND ACQUISITION-2), M.S. BUILDING, BENGLAURU-560001. 6. THE DEPUTY COMMISSIONER BAGALKOTE, DIST: BAGALKOTE. 7. THE SPECIAL LAND ACQUISITION OFFICER BAGALKOTE, DIST: BAGALKOTE. …RESPONDENTS (BY SRI JAGADISH PATIL, ADVOCATE FOR R1 TO R4; SRI. M.M.KANNUR, AGA FOR R5; R6 AND R7 ARE SERVED) REVIEW PETITION FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 151 OF CPC, PRAYING TO REVIEW THE ORDER/JUDGMENT DATED 05.06.2017 AND RESTORE THE WRIT PETITION NO. 109564/2014 TO ITS ORIGINAL FILE TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FUTHER ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner - Karnataka Housing Board, is before this Court seeking for review the order/judgment dated 05.06.2017 and restore the Writ Petition No.109564/2014 to its original file. 2. The only ground on which the review of the order dated 05.06.2017 passed in W.P.No.109564/2014 is - 3 - NC: 2025:KHC-D:3469 RP No. 100073 of 2018 sought for, is that the said order has been passed on a concession made by the counsel for the KHB and in this regard reliance is placed on the judgment of the Division Bench of this Court dated 26.05.2023 in W.A.No.100266/2021, whereunder the writ petition subject matter of that writ appeal namely, W.P.Nos.64471-64477/2012 and other connected matters were remanded to the Single Bench for fresh consideration. 3. A perusal of the order dated 05.06.2017 passed in W.P.No.109564/2014 does not indicate that the said order has been passed on a concession made by the counsel for the Housing Board. In fact, the arguments addressed by the Housing Board has been recorded in para 9 of the aforesaid order, where the counsel appearing for the Housing Board has contested the claim of the petitioner. This contest made is rejected by this Court by a reasoned order. Therefore, the said order is not one based on - 4 - NC: 2025:KHC-D:3469 RP No. 100073 of 2018 concession requiring application of the decision in W.A.No.100266/2021. 4. No grounds being made out, the above petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:GSM List No.: 1 Sl No.: 18