- 1 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH 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. 100022 OF 2024 IN WRIT APPEAL NO.100242 OF 2023 BETWEEN: KARNATAKA NEERAVARI NIGAM LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MLBCC DIVISION NO.2, NAVILUTEERTH, TQ: SAUNDATTI, DIST: BELAGAVI-591116. …APPELLANT (BY SRI. K.S.PATIL, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT, BAGALKOTE, OPP. HINDI PRACHAR SABHA, U B HILLS, DHARWAD-3, DIST: DHARWAD-580008. 2. RUDRAPPA CHANNABASAPPA KALABHAVI AGE: 56 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. SAMREEN AYUB DESHNUR SAMREEN AYUB DESHNUR HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 3. NAGAPPA NINGAPPA TALAWAR AGE: 46 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 4. NAGAPPA BASAPPA KALABHAVI AGE: 46 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. HANAMATAPPA NAGAPPA TALAWAR, SINCE DECEASED BY LR’S 5. MADIVALAPPA S/O. HANAMATAPPA TALAWAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 6. SHIVAPPA MALLAPPA BALIKAI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 7. TIPPANNA SHIDDALINGAPPA PATANI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 8. DEMAPPA SANNABHIMAPPA TALAWAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ.: BAILHONGAL, DIST: BELAGAVI-591102. 9. SHIVABASAPPA SOMAPPA HIREHOLI, AGE: 56 YEARS, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 10. CHANNAYYA RACHAYYA PUJERI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 11. SOMAPPA GANAGAPPA GOUDAR, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 12. MALLAPPA CHANNABASAPPA KALABAVI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. KORAVIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591102. …RESPONDENTS (BY SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1) THIS REVIEW PETITION IN WA NO.100242/2023 IS FILED UNDER READ WITH ORDER XLVII RULE (1) OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 30.08.2023 PASSED IN WA NO.100242/2023 (LA-RES), ONLY IN SO FAR AS, PERMITTING THE CLAIMANTS/RESPONDENTS NO. 2 TO WITHDRAW THE DEPOSITED AMOUNT MADE BY THE PETITIONERS AND SET AIDE THE SAME TO SERVE ENDS OF JUSTICE. THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 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.100242/2023 (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 : “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 - 5 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 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. It is submitted that by virtue of the order dated 13.12.2021 passed by the learned Single Judge in Writ Petition No.116115/2019 (LA-RES), which was confirmed by this Court in Writ Appeal No.100242/2023 (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 respondents/ claimants and 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, - 6 - HC-KAR NC: 2025:KHC-D:12353-DB RP No. 100022 of 2024 nothing further survives in the present petition, which is accordingly, disposed of. In view of disposal of the petition, pending I.As. do not survive for consideration and the same are disposed of accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (G BASAVARAJA) JUDGE KMS Ct:vh List No.: 1 Sl No.: 3