- 1 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REVIEW PETITION NO. 215 OF 2023 BETWEEN: M.C. NAGARAJ SINCE DECEASED BY HIS LRS SMT. B.S. UMADEVI AGED ABOUT 80 YEARS W/O LATE M.C. NAGARAJ SINCE DECEASED BY HIS LRS SHRI. M.N. MANJUNATH AGED ABOUT 53 YEARS, S/O. LATE M.C. NAGARAJ RESIDING AT NO. 543 3RD MAIN, 7TH LINK ROAD, ALANAHALLI LAYOUT, MYSORE. …PETITIONERS (BY SRI. K.G. KAMATH, ADVOCATE) AND: 1. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 5TH FLOOR, KHANIJA BHAVAN EAST WING RACE COURSE ROAD BENGALURU-560001 REPRESENTED BY ITS SECRETARY SHIVALINGE GOWDA SINCE DEAD BY LRS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 2. CHANNAMMA W/O LATE SHIVALINGEGOWDA AGED ABOUT 80 YEARS R/AT HOUSE NO.35/1, ARALIKATTE CROSS, KOORGALLI VILLAGE, ILLAWALA HOBLI, MYSURU TALUK-570018 3. SHIVARAJU S/O LATE SHIVALINGEGOWDA AGED ABOUT 64 YEARS R/AT HOUSE NO.35/1, ARALIKATTE CROSS, KOORGALLI VILLAGE, ILLAWALA HOBLI, MYSURU TALUK-570018 SINCE DEAD BY LRS 3.(a) SMT. VASANTHA W/O SHIVARAJU AGED ABOUT 63 YEARS R/AT NO.35/1, ARALIKATTE ROAD, KOORGALLI, MYSORE-570018. 3.(b) SMT. JYOTHI.S W/O MANJU S AGED ABOUT 44 YEARS R/AT No.651, 3RD CROSS, MANCHEGOWDANA KOPPAL VIJAYANAGAR POST, MYSORE-570017 3.(c) SMT. SUDHAMANI W/O M. KANTHARAJU AGED ABOUT 42 YEARS R/AT HOSA ANANDURU HOSAHALLI, SHRIRANGAPATNA-571438 3.(d) SMT. SUMATHA S W/O KESHAVA - 3 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 AGED ABOUT 41 YEARS R/AT No.24, MAIN ROAD KOORAGALLI, MYSORE-570018 3.(e) SHRUTHI C/O SWAMY GOWDA H.S AGED ABOUT 39 YEARS R/AT NO.40, H1 HUDCO, LAKSHMIKANTHA NAGAR HEBBAL 1ST STAGE MYSORE-570017. 4. RAMAKRISHNA S/O LATE SHIVALINGEGOWDA AGED ABOUT 59 YEARS R/AT HOUSE NO.35/1 ARALIKATTE CROSS KOORGALLI VILLAGE ILLAWALA HOBLI MYSURU TALUK-570018. 5. ANNAIAH S/O NINGEGOWDA ALIAS LINGEGOWDA AGED ABOUT 71 YEARS RESIDING AT HOUSE NO.137/A DOUBLE ROAD, VINAYAKANAGAR KOORGAHALLI VILLAGE ILLWALA HOBLI MYSURU TALUK- 570018 6. L. SHIVANNA S/O NINGEGOWDA ALIAS LINGEGOWDA AGED ABOUT 67 YEARS RESIDING AT HOUSE NO.137/A DOUBLE ROAD, VINAYAKANAGAR KOORGAHALLI VILLAGE ILLWALA HOBLI MYSURU TALUK- 570018 7. KRISHNAPPA S/O NINGEGOWDA ALIAS LINGEGOWDA AGED ABOUT 65 YEARS RESIDING AT HOUSE NO.137/A DOUBLE ROAD - 4 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 VINAYAKANAGAR KOORGAHALLI VILLAGE ILLWALA HOBLI MYSURU TALUK- 570018 8. SIDDALINGEGOWDA ALIAS CHIKKALINGEGOWDA S/O NINGEGOWDA @ LINGEGOWDA AGED ABOUT 63 YEARS RESIDING AT HOUSE NO.137/A DOUBLE ROAD VINAYAKANAGAR KOORGAHALLI VILLAGE ILLWALA HOBLI MYSURU TALUK- 570018 9. SHIVARAMEGOWDA S/O NINGEGOWDA ALIAS LINGEGOWDA AGED ABOUT 82 YEARS DEAD BY LRS 9.(a) JAYALAKSHMI @ LAKSHMI D/O. LATE SHIVARAMEGOWDA AGED ABOUT 55 YEARS, RESIDING AT NO.86, 4TH CROSS, HOSABEEDI, KUMBARAKOPPALU, MYSORE - 570 004. 9.(b) SMT. NAGARATHANA W/O. LATE SRI. RAMESH AGED ABOUT 50 YEARS, BELAVADI POST, ILWAL HOBLI, MYSORE TALUK, MYSORE DISTRICT - 570018. 9.(c) SMT. SUMITHRA W/O. LATE NAGESH AGED ABOUT 39 YEARS, RESIDING AT HOUSE NO.137/A DOUBLE ROAD, VINAYAKANAGAR, KOORGAHALLI VILLAGE ILLWALA HOBLI, MYSURU TALUK - 570018. - 5 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 9.(d) RAMAKRISHNA S/O. LATE SHIVARAMEGOWDA AGED ABOUT 53 YEARS KOORGAHALLI VILLAGE ILLWALA HOBLI, MYSORE TALUK - 570018. 10. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD ZONAL OFFICE, KRS ROAD MYSURU-570016 …RESPONDENTS (BY SRI. ASHOK N. NAYAK, ADVOCATE FOR RESPONDENT NOS.1 AND 10; SRI. V. SRINIVAS, ADVOCATE FOR RESPONDENT NOS.2, 3(a) TO 3(e) AND 4 TO 7; SRI. Y.K.NARAYANA SHARMA, ADVOCATE FOR RESPONDENT NOS.9(a) TO 9(d); NOTICE SERVED ON RESPONDENT NO.8 AND UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, 1908, PRAYING TO ALLOW THE REVIEW PETITION SEEKING REVIEW OF THE IMPUGNED JUDGMENT DATED 17.12.2018 PASSED BY THIS HON'BLE COURT IN W.P. NO.47045/2018, AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 6 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 ORAL ORDER The petitioners have sought for review of the order dated 17.12.2018 passed in W.P.No.47045/2018. 2. The facts, stated briefly, are that the petitioners herein claim to be the persons interested in the compensation determined by the Land Acquisition Officer in respect of the acquisition of land in Sy.Nos.157, 158 and 159 of Koorgalli Village, Ilvala Hobli, Mysuru Taluk. It appears that the private respondents in this petition had sought reference under Section 18 of the Land Acquisition Act, 1894 which was registered as LAC No.5/2016. The award passed by the Reference Court was challenged by the KIADB before this Court in W.P. No.47045/2018. 3. When W.P.No.47045/2018 was listed before this Court on 17.12.2018, a submission was made by the learned counsel for the private respondents herein that the issue involved was squarely covered by the order passed in W.P. No.55485/2017. The said submission was not disputed by the learned counsel for the KIADB. Accordingly, the order dated 21.04.2018 passed in LAC No.5/2016 by the Reference Court - 7 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 was quashed and KIADB was directed to deposit 50% of the compensation determined by the Reference Court and the private respondents herein were granted liberty to withdraw the same. Thereafter, KIADB deposited the compensation as ordered by this Court. The petitioners herein filed applications before the Reference Court and contended that there was a dispute pending before the Land Tribunal in respect of the very same properties and that the private respondents herein without disclosing this to the Reference Court had surreptitiously got the compensation. The Reference Court thereafter passed an order dated 08.10.2020 directing the private respondents herein to re-deposit the compensation received by them, which is challenged by the private respondents in W.P. No.13273/2020. 4. The learned counsel for the petitioners in this review petition submitted that the private respondents, without disclosing the pendency of the proceedings before the Land Tribunal, had managed to receive the compensation on the basis of the order passed by this Court in W.P. No. 47045/2018, that too behind the back of the petitioners. He - 8 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 therefore contends that the order dated 17.12.2018 passed by this Court in W.P. No.47045/2018, warrants to be reviewed and recalled. 5. Learned Senior Counsel for the private respondents submitted that this review petition has become infructuous, as the Land Tribunal has already passed an order dated 24.06.2026 granting occupancy rights in respect of the aforesaid lands in favour of the private respondents. He contends that no error was committed by the Reference Court in releasing the compensation amount, based on the order passed by this Court in W.P. No.47045/2018. A copy of the order passed by the Land Tribunal is also placed on record, which indicates that the occupancy rights in respect of the aforesaid survey numbers were granted in favour of the private respondents. 6. In that view of the matter, this review petition is dismissed as the same has become infructuous. However, the contentions urged by the petitioners in this review petition is kept open to be urged in an appropriate petition if the - 9 - HC-KAR CNR: KAHC010222022023 NC: 2026:KHC:39876 RP No. 215 of 2023 petitioners are advised to challenge the order passed by the Land Tribunal. 7. All contentions are kept open. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 41