Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REVIEW PETITION NO. 314 OF 2024 BETWEEN:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS AND PORTS AND INLAND WATER AND TRANSPORT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF EXECUTIVE ENGINEER AND PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT KARNATAKA STATE HIGHWAY IMPROVEMENT PROJECT (KSHIP), PWD COMPLEX BUILDING, K.R. CIRCLE, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA - 571 313. 4. THE ASSISTANT EXECUTIVE ENGINEER KSHIP SUB-DIVISION, KOLLEGALA - 571 440, CHAMARAJANAGARA DISTRICT. 5. THE ASSISTANT COMMISSIONER THE LAND ACQUISITION OFFICER, KOLLEGALA SUB-DIVISION, KOLLEGALA - 571 440, CHAMARAJANAGARA DISTRICT. …PETITIONERS Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 (BY SRI. B.S. GURUSWAMY, AGA) AND:
1. SMT. RAJALAKSHMAMMA W/O RANGANATHAN N AGED ABOUT 75 YEARS, R/O POST OFFICE ROAD, MADHUVANA HALLI, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT -571 430
2. SMT. SUSHEELA D/O LATE RANGANATHAN N AGED ABOUT 59 YEARS, R/O MATADAVEEDI, KIRGAVAL VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. 3. SRI. HARISH R S/O RANGANATHAN N AGED ABOUT 57 YEARS, R/O POST OFFICE ROAD, MADHUVANA HALLI, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT - 571 440
4. SMT. R. SUMANA D/O LATE RANGANATHAN N AGED ABOUT 54 YEARS, R/A NO.929/12-2, 2ND STAGE, INDEERA NAGARA, OPP TO RAILWAY STATION, KADAKOLA, MYSORE - 571 311
5. SMT. ROOPA R D/O LATE RANGANATHAN N AGED ABOUT 52 YEARS, R/A NO.1227/1, 3RD MAIN 8TH CROSS, VIVEKANANDA NAGARA MYSORE - 571 311. - 3 -
HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024
6. SRI. N. CHANNAPPAIAH S/O LATE SRI NAGESHWARAIAH AGED ABOUT 58 YEARS, R/O POST OFFICE ROAD, MADHUVANA HALLI, KOLLEGALA TQ, CHAMARAJANAGARA - 571 440
7. SRI. N. BALARAJU S/O LATE SRI NAGESHWARAIAH AGED ABOUT 56 YEARS, R/O POST OFFICE ROAD, MADHUVANA HALLI, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT -571 440. 8. SRI. N. UMASHANKAR D.
S/O LATE SRI. NAGESHWARAIAH AGED ABOUT 54 YEARS R/O POST OFFICE ROAD MADHUVANA HALLI, KOLLEGALA TQ., CHAMARAJANAGARA DISTRICT - 571 440. RESPONDENTS NOS.1 TO 8 ARE REP. BY THEIR GPA HOLDER SRI.N. RAVINDRANATH S/O LATE SRI NAGESHWARAIAH AGEDA BOUT 67 YEARS R/O POST OFFICE ROAD MADHUVANA HALLI, KOLLEGALA TQ CHAMARAJANAGARA DISTRICT - 571 440. 9. SRI.
N. MAHADEVAN S/O. SRI. LATE NANJASHETTY, AGED ABOUT 79 YEARS, RESIDING AT MASANASHETTY ROAD, MADHUVANAHALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 10. SMT. RAJAMMA W/O. N. MAHADEVAN, AGED ABOUT 70 YEARS,
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 RESIDING AT MASANASHETTY ROAD, MADHUVANAHALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 11. SMT. NIRMALA. C W/O. SRI. LATE A. NATARAJU, AGED ABOUT 69 YEARS, RESIDING AT MASANASHETTY ROAD, MADHUVANAHALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 12. SMT. G. ARASA SHETTY S/O. SRI. LATE GURUNANJASHETTY, AGED ABOUT 85 YEARS, RESIDING AT MASANASHETTY ROAD, MADHUVANAHALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 13. SRI. N. SIDDAPPA SHETTY S/O. SRI. LATE NAGASHETTY @ NAGASWAMY, AGED ABOUT 65 YEARS, RESIDING AT CHIKKADEVASTHANA ROAD, MADHUVANA HALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 14. SRI. NANDISH S/O. SRI. C. ASHOK KUMAR, AGED ABOUT 48 YEARS, RESIDING AT MAIN ROAD, MADHUVANAHALLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440. 15. SMT. SAROJAMMA. M W/O. SRI. LATE M. NAGASUNDRAPPA, AGED ABOUT 82 YEARS, RESIDING AT NO. 7/476A, 4TH CROSS, SOUTH LAYOUT, KOLLEGALA TOWN CHAMARAJANAGARA DISTRICT - 571 440. 16. RAJESHWARI. S
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 W/O. SRI. LATE RAJENDRAPRASAD, AGED ABOUT 58 YEARS, RESIDING AT NO. 269, 1ST STAGE, 8TH MAIN ROAD, 6TH CROSS, R.P.C. LAYOUT, HAMPINAGARA, VIJAYANAGARA, BENGALURU - 560 040. 17. SMT. UMADEVI D/O. LATE SRI. B. M. MAHADEVAPPA, AGED ABOUT 69 YEARS, REP BY HER LEGAL GUARDIAN HER BROTHER SRI. SIDDALINGASWAMY. M, S/O. SRI. LATE B. M. MAHADEVAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 673, RENUKA NILAYA, 22ND A CROSS, 18TH MAIN, BSK 2ND STAGE, BENGALURU - 560 070. …RESPONDENTS (BY SRI.
R. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R2 AND R4, R9 TO R16;
R1, R3, R5, R6, R7, R8 AND R17 ARE SERVED & UNREPRESENTED)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 AND SECTION 114 OF C.P.C. 1908 PRAYING TO REVIEW THE ORDER DATED 28.11.2023 PASSED IN WRIT PETITION NO.23713/2023 (LA-RES), A COPY OF THE SAME IS PRODUCED AT ANNEXURE-A AND REHEAR THE MATTER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 ORAL ORDER
This Review Petition is filed seeking review of order dated 28.11.2023 passed by this Court in Writ Petition no.23713/2023.
2. Learned Additional Government Advocate submits that this Court had disposed of Writ Petition on submission of
learned counsel for petitioners that respondents were likely not to follow directions issued by this Court in W.P.no.24480/2021 filed by them earlier. It was submitted that petitioners' apprehension was about not being granted opportunity at time of determining market value of land. It was submitted, even prior to passing of order impugned, in pursuance of direction issued in W.P.no.24480/2021, petitioners were issued with final notices on 22.09.2023, 25.09.2023 and 26.09.2023, proceedings were conducted on 27.07.2023 and General Award was passed on 02.09.2023. And even award amount was deposited before District Court on 21.11.2023. Said fact was not brought to notice of this Court and on assumption that award was not yet passed, order impugned came to be passed. Thus, there was an error apparent on face of record, and
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 therefore, learned A.G.A. seeks for allowing Review Petition and for recall of order.
3. On other hand, Sri Chandrakanth R.Goulay, learned counsel appearing for respondents no.2, 4 and 9 to 16 would oppose Review Petition. Drawing attention to paras 5 to 7 of
order, it was submitted that passing of award was not within knowledge of petitioners and was not brought to notice of this Court by respondents and same cannot be a ground for review.
4. Heard learned counsel and perused Review Petition.
5. It is apparent that order impugned was passed on assumption that proceedings for passing of General Award were not completed and on apprehension espoused by petitioners that directions issued in W.P.no.24480/2021 would not be followed.
6.
Submissions made by learned A.G.A. then were apparently on basis of available material and not after receipt of instructions. Since it was later noticed that proceedings in terms of directions issued in W.P.no.24480/2021 were held and
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HC-KAR NC: 2026:KHC:4349 RP No. 314 of 2024 General Award stated to have been passed on 02.09.2023 and deposit of award amount in terms of Award was also done prior to impugned order, it would only be appropriate to allow Writ Petition, restore Writ Petition and provide opportunity to Writ Petitioners to controvert such assertions.
7. In view of above, since impugned order is shown to suffer from an error apparent on face of record, Review Petition is allowed. Impugned order dated 28.11.2023 passed in W.P.no.23713/2023 is recalled. Writ Petition is restored to file. Review Petitioners are permitted to place records pertaining to issuance of notices as well as passing of Award on record, in which case petitioners therein would be at liberty to controvert same. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 36