- 1 - HC-KAR NC: 2025:KHC-D:11952-DB RP No. 100010 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO. 100010 OF 2024 IN WRIT APPEAL NO.100276 OF 2023 BETWEEN: 1. KARNATAKA NEERAVARI NIGAM LTD., REPRESENTED BY ITS MANAGING DIRECTOR, VIJAY COMPLEX, HALIYAL ROAD, DHARWAD, DIST. DHARWAD 580003. 2. KARNATAKA NEERAVARI NIGAM LTD., REPRESENTED BY ITS EXECUTIVE ENGINEER, MLBCC DIVISION NO.2, NAVILUTEERTH, TQ. SAUNDATTI, DIST. BELAGAVI 591116. …PETITIONERS (BY SRI. K.S. PATIL, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT III, BAGALKOTE, DIST. BAGALKOTE 587101. 2. SRI. GANGAPPA TIPPANNA KARADIGUDDI AGE. 64 YEARS, OCC. AGRICULTURE, R/O. VAKKUND, TQ. BAILHONGAL, DIST. BELAGAVI 591102. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADV. FOR R1) Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.25 11:01:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11952-DB RP No. 100010 of 2024 THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE (1) OF CPC PRAYING TO REVIEW THE ORDER DATED 30.08.2023 PASSED IN W.A.NO.100276/2023 (LA-RES), ONLY IN SO FAR AS, PERMITTING THE CLAIMANTS/RESPONDENT NO.2 TO WITHDRAW THE DEPOSITED AMOUNT MADE BY THE PETITIONERS AND SET ASIDE THE SAME TO SERVE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This review petition takes exception to the order dated 30.08.2023 passed in W.A.No.100276/2023 (LA-RES), whereby the said appeal filed by the review petitioner was dismissed by this Court. 2. Learned counsel for the review petitioner and learned counsel for the respondents jointly submit that under the identical circumstances in Special Leave Petition (Civil) Diary No(s).51311/2023 dated 14.12.2023 arising out of identical orders passed by this Court, the Hon’ble Apex Court has held as under : - 3 - HC-KAR NC: 2025:KHC-D:11952-DB RP No. 100010 of 2024 “1. Delay condoned. 2. Since no order prejudicial to the interest of the respondent is being passed, requirement of notice is waived. 3. We are not inclined to interfere with the impugned order of the High Court. However, we modify paragraph 7 of the impugned order passed by the High Court and direct that the withdrawal of the amount by the respondents/claimants shall be subject to their providing security to the satisfaction of the Trial Judge. 4. The Special leave petition is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of.” 3. Learned counsel for respondent No.2/claimant submits that by virtue of the order dated 13.12.2021 passed by the learned Single Judge in Writ Petition No.116123/2019 (LA- RES), which was confirmed by this Court in Writ Appeal No.100276/2023 (LA-RES) dated 30.08.2023 and the order of the Hon’ble Apex Court referred supra, coupled with the fact that the review petitioner/appellant/KNNL deposited the amount and the same was withdrawn by the respondent No.1/claimant and - 4 - HC-KAR NC: 2025:KHC-D:11952-DB RP No. 100010 of 2024 as such, nothing further survives in this review petition and the same has been rendered infructuous. 4. Learned counsel for the petitioner/KNNL does not dispute the aforesaid submissions made by learned counsel for respondents, regarding deposit of amount and withdrawal of the same by the respondent/claimant. Under the circumstances, nothing further survives in the present petition, which is accordingly, disposed of. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 2