- 1 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO. 493 OF 2025 C/W REVIEW PETITION NO. 492 OF 2025 REVIEW PETITION NO. 494 OF 2025 IN RP No. 493/2025 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI - 110 001. …PETITIONER (BY SRI. K ARVIND KAMATH, ASGI A/W SRI. KUMAR M N, CGC) AND: 1. SRI. C. PRABHAKAR SON OF LATE C.N. SHIVANNA, AGED ABOUT 66 YEARS, RESIDING AT ABIKASHA 2ND CROSS ROAD, NETAJI ROAD, VIDHYANAGAR, TUMKUR DISTRICT - 572 101. 2. STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 3. SPECIAL LAND ACQUISITION OFFICER TUMKUR RAYADURGA RAILWAY PROJECT, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 TUMKUR - 572 101. 4. SRI. JAMBAGI RENUKAPRASAD DILIP MAJOR, SPECIAL LAND ACQUISITION OFFICER, TUMKUR RAYADURGA AND TUMKUR DAVANAGERE RAILWAY PROJECT, TUMKUR - 572 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R2 & R3) THIS RP IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE ORDER DATED 23/10/2024 PASSED IN W.P.NO.20323/2024 (LA-RES) AND ETC., IN RP NO. 492/2025 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI - 110 001. ...PETITIONER (BY SRI. K ARVIND KAMATH, ASGI A/W SRI. KUMAR M N, CGC) AND: 1. SRI. M. D. HANUMANTHARAJU SON OF LATE DODDAIAH, AGED ABOUT 51 YEARS, RESIDING AT MANAVINAKURIKE VILLAGE, C.N. DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572 101. 2. STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, - 3 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 VIDHANA SOUDHA, BENGALURU - 560 001. 3. SPECIAL LAND ACQUISITION OFFICER TUMKUR RAYADURGA RAILWAY PROJECT, TUMKUR - 572 101. 4. SRI. JAMBAGI RENUKAPRASAD DILIP MAJOR, SPECIAL LAND ACQUISITION OFFICER, TUMKUR RAYADURGA AND TUMKUR DAVANAGERE RAILWAY PROJECT TUMKUR - 572 101. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R2 & R3) THIS RP IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE ORDER DATED 23/10/2024 PASSED IN W.P.NO.20668/2024 (LA-RES) AND ETC., IN RP NO. 494/2025 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI - 110 001. ...PETITIONER (BY SRI. K ARVIND KAMATH, ASGI A/W SRI. KUMAR M N, CGC) AND: 1. SRI. C. PRABHAKAR SON OF LATE C. N. SHIVANNA AGED ABOUT 66 YEARS, RESIDING AT ABIKASHA 2ND CROSS ROAD, NETAJI ROAD, - 4 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 VIDHYANAGAR, TUMKUR DISTRICT - 572 101. 2. STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 3. SPECIAL LAND ACQUISITION OFFICER TUMKUR RAYADURGA RAILWAY PROJECT, TUMKUR - 572 101. 4. SRI. JAMBAGI RENUKAPRASAD DILIP MAJOR, SPECIAL LAND ACQUISITION OFFICER, TUMKUR RAYADURGA AND TUMKUR DAVANAGERE RAILWAY PROJECT, TUMKUR - 572 101. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R2 & R3) THIS RP IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE ORDER DATED 23/10/2024 PASSED IN W.P.NO.20439/2024 (LA-RES) AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 ORAL ORDER 1. Heard Shri. K. Aravind Kamath, learned Additional Solicitor General of India along with Shri. Kumar M. N. learned Central Government Counsel for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate for respondent Nos.2 and 3. 2. These Review Petitions were filed assailing the order dated 23.10.2024 in WP.No.20439/2024, WP.No.20323/2024 and WP.No.20668/2024. 3. The petitioner claims to be the beneficiary of the land in-question, having acquired the same for the public purpose. The observation at paragraph 09 of the Order dated 23.10.2025 in the aforementioned writ petitions reads as thus: "9. It is also to be noted that once the land is vested with the Government, it is for the Government to pay compensation towards the land which has been acquired by the respondent authorities and the unutilized land, - 6 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 the respondent – authorities, after the completion of the project by the respondent authorities, cannot be permitted to return the unutilized land to the land owners. In that view of the matter, the impugned endorsement dated 09.07.2024 (Annexure-K), issued by respondent No.4 is hereby quashed and respondent authorities are directed to consider the representations dated 25.01.2024 (Annexure-J), made by the petitioners, within an outer limit of four months from the date of receipt of certified copy of this order in accordance with law, in terms of the observation made above." (emphasis supplied) 4. It is to be noted that as the petitioner herein has filed IA.No.1/2025, seeking condonation of delay of 349 days in filing the review petition is concerned, the reasons assigned in paragraph No.4 as to the administrative reasons with regard to, delay in filing the review petition, cannot be considered in view of the judgment of the Hon’ble Supreme Court in the case of Shivamma (D) by L.R.’s Vs. Karnataka - 7 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 Housing board and Others1. Taking into consideration the factual aspects on record that, this Court has directed the respondent-State to consider the representation made by the petitioner, as well as the representation dated 25.01.2024 (Annexure-J) to the impugned petitions, I am of the view that, there is not apparent on face of the record in the impugned order. 5. However, Shri.K. Arvind Kamath, learned Additional Solicitor General of India along with Shri.Kumar M.N., learned Central Government Counsel for the petitioner though argued on the delay application as well as on merits, has invited the attention of this Court to paragraph 06 of the impugned order and submitted that this Court has committed an error having arrived at a conclusion that the conversion of the land in-question has been made, prior to the issuance of the preliminary notification 1 2025 SCC Online SC 1969 - 8 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 and therefore contended that, the said aspect of the matter requires to be reviewed. 6. Having taken note of the aforementioned submission made by the learned counsels appearing for the respective parties and also taking into consideration the fact that this Court has not concluded the matter except directing the respondent- authorities to consider the representation dated 25.01.2024 (Annexure-J) as mentioned in the impugned petitions in accordance with law, it is open for the review petitioner herein to make an appropriate representation to the competent authorities and in the event, if, the State authorities have not taken any decision till date on the representation made by the writ petitioner, the State Authorities are directed to consider the representation that may be made by the review petitioner herein, also with regard to the fact that the acquisition has been made by the respondent-authorities, as to - 9 - HC-KAR NC: 2025:KHC:53244 RP No. 493 of 2025 C/W RP No. 492 of 2025 RP No. 494 of 2025 conversion order has been made in this petition and the representation referred to above filed by the writ petitioner and the petitioner herein in accordance with law. 7. With the observation, I am of the view that the review petition is disposed of. 8. In view of disposal of the Review Petitions, all pending I.A’s are also disposed of. SD/- (E.S.INDIRESH) JUDGE NM List No.: 1 Sl No.: 11