Union of India v. Sri K.C.Ramesh,

ORDER

(i) Petition is hereby disposed of.

(ii) Respondent Nos.2 and 3 are directed to take recourse to acquisition proceedings for the purpose of acquiring land bearing Sy.No.112 situated at Jyothipura village, Hosakote taluk, Bidarahalli hobli, Bangalore District, measuring 1.25 acres as identified and demarcated in the Report and Sketch at Annexures-C and D dated 06.11.2015 respectively under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 by issuing preliminary notification under the said Act of 2013 within a period of three months from the date of receipt of a copy of this order.

(iii) The respondents 2 and 3 and / or an officer of the State Government of Karnataka exercising power of a Collector under the said Act of 2013, is directed to determine

the compensation / rent payable to the petitioner in respect of the aforesaid 1.25 acres from 28.03.2012 till the date of publication of notification under Section 11 of the said Act of 2013; it is made clear that this compensation is in addition to the compensation payable to the petitioner as stated supra and shall be paid to the petitioner along with the said compensation.

(iv) Respondent No.1 is hereby directed to take necessary steps to conduct survey in respect of the remaining extent of 4.15 acres of land belonging to the petitioner and identify the same in terms of the directions issued by this Court in W.P.No.25704/2009 within a period of four months from the date of receipt of a copy of this order.

(v) The said survey shall be conducted after due notice to the petitioner; it is needless to state that having regard to the fact that respondent No.5 is a Defence Research and Development Organization of the Union of India, it will co-operate in the conduct of survey as directed supra. Subject to the aforesaid observations, petition stands disposed of."

¶2A perusal of the material on record will indicate that aggrieved by the aforesaid order passed by this Court dated

22.06.2021, the review petitioner approached the Hon'ble Division Bench in W.A.No.600/2024 in which the delay in filing the appeal was condoned vide order dated 11.09.2025. However, the review petitioner and Union of India, who were appellants in

W.A.No.600/2024, withdrew the said appeal which was disposed of vide final order dated 15.12.2025 with liberty to file the present review petition and accordingly, review petitioners (respondent Nos.4 and 5 in the writ petition) are before this Court by way of the review petition.

¶3Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

¶4A perusal of the aforesaid order passed by this Court in W.P.No.52713/2017 will indicate that this Court placed reliance upon the survey report dated 29.07.2015, which was submitted on

06.11.2015 along with survey sketch for the purpose of passing the said order. Further, as jointly submitted by both sides, review petitioners herein have preferred one more W.P.No.7099/2024 challenging the aforesaid survey sketch and report and seeking the following reliefs:

"a) Quash and set aside the survey sketch and report dated 29.07.2015 prepared by the Deputy Director of Land Records, respondent No.2 vide Annexure-V in view of the joint survey report dated 14.09.1993 vide Annexure-H and letter of Special Land Acquisition Officer dated 29.03.1996 vide Annexure-K.

b) Quash and set aside the survey sketch and report dated 19.01.2023 prepared by the Deputy Director of Land Records, respondent No.2 vide Annexure-Z.

c) Quash and set aside the communication dated

15.02.2024 issued by respondent No.3 to the petitioners vide Annexure-AB.

d) Direct the Deputy Director of Land Records, respondent No.2 for surveying the entire 180 acres 16 guntas Jyothipura Village in the presence of all the parties and submit a survey sketch and report.

e) Pass such other order/s in the facts and circumstances of the case; in the interest of justice."

¶5Learned counsel for the review petitioners and respondent No.1 jointly submit that the aforesaid writ petition in W.P.No.7099/2024 is posted before the Co-ordinate bench of this Court on 23.09.2026.

¶6The aforesaid facts and circumstances clearly indicate that since this Court passed the aforesaid final order dated

22.06.2021 in W.P.No.52713/2017 by placing reliance upon the survey sketch and report, which is challenged in W.P.No.7099/2024. Accordingly, in order to avoid conflicting judgments / conflicting orders and in order to give a quietus to the dispute between the parties, without expressing any opinion on the

merits / demerits and keeping all contentions to be urged between the parties in W.P.No.52713/2017 as well as in W.P.No.7099/2024, I deem it just and appropriate to set aside the final order dated

22.06.2021 passed in W.P.No.52713/2017 and restore the said petition and dispose of the present review petition by issuing certain directions.

¶7In the result, I passed the following: ORDER

i) The review petition is hereby allowed.

ii) The order dated

22.06.2021 passed in W.P.No.52713/2017 is hereby set aside.

iii) W.P.No.52713/2017 is restored to the file of this Court.

iv) Registry is directed to tag / link W.P.No.52713/2017 along with W.P.No.7099/2024 and post both the petitions before the appropriate bench having roster on

23.09.2026.

v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 7

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REVIEW PETITION NO.112 OF 2026 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE NORTH BLOCK, NEW DELHI-11001. 2. DIRECTOR, DEFENCE RESEARCH AND DEVELOPMENT ORGANIZATION, C.V. RAMANNAGAR, BENGALURU-560 093. …PETITIONERS (BY SRI. KUMAR M N, ADVOCATE) AND: 1. SRI K.C.RAMESH, SON OF LATE K.V.CHINNAYANNA, AGED ABOUT 53 YEARS, RESIDING AT NO.81, ANANTHANAIR ROAD, MURPHY TOWN, ULSOOR, BENGALURU-560 008. 2. DEPUTY DIRECTOR OF LAND RECORDS, LAND SURVEY DEPARTMENT, K.R.CIRCLE, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, 3RD FLOOR, VISHVESWARAIAH TOWER, AMBEDKAR ROAD, BENGALURU-560 001. Digitally signed by VANDANA S Location: High Court of Karnataka 4. THE SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA BENGALURU-560 001. …RESPONDENTS (BY SRI. ANAND BEERANNAVAR AND SRI. MANJUNATH S., ADVOCATES FOR R-1; SRI. KESHAV MURTHY H.B, AGA FOR R-2 TO R-4) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 22.06.2021 PASSED IN W.P.NO.52713/2017(LA RES) AND PASS ANY OTHER ORDER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, AS DEEMED FIT BY THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This review petition by respondent Nos.4 and 5 in W.P.No.52713/2017 takes exception to the final order dated 22.06.2021 passed by this Court, whereby the said petition filed by respondent No.1 (review petitioner) was disposed of by this Court by holding as under: "In this petition, petitioner has sought for the following reliefs: "i) Issue a Writ of Mandamus, directing the 1st respondent to survey and prepare the survey report and sketch as per the direction issued by this Hon'ble Court in W.P.No.25704/2009 dated 28/3/2012 as per Annex-A showing the entire six acres of land in survey no.112 belonging to petitioner which is located within the land acquired by the 2nd respondent. ii) Issue a writ of Mandamus directing the respondent to acquire the petitioners land measuring 6 acres in Jyotipura Village, Bidarahalli Hobli, Hoskote Taluk, and pass the award as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, iii) Issue such other writ, order or direction as this Hon'ble court deems fit under the facts and circumstances of the case with cost of this Writ petition, to meet the ends of justice." 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent Nos.3 and 4 and also perused the material on record. 3. In addition to reiterating the various contentions put forth in the petition and referring to the documents produced by the petitioner, learned counsel for the petitioner invites my attention to the earlier order passed by this Court in W.P.No.25704/2009 dated 28.03.2012 filed by the petitioner in order to point out that despite this Court specifically directing the said Survey Department to personally conduct survey of the area and find out whether the property to an extent of six acres belonging to the petitioner had been utilized by the respondents or not, the impugned Survey Report at Annexure-C dated 06.11.2015 accompanied by Survey Sketch at Annexure – D clearly indicate that the respondents have identified only 1.25 acres of land belonging to the petitioner and have not identified remaining 4.15 acres of land as directed by this Court out of the total extent of six acres. 4. It is also submitted that the aforesaid order passed by this Court in W.P.No.25704/2009 was confirmed by the Hon'ble Division Bench in W.A.No.6503/2013 dated 17.03.2015. It is therefore contended that apart from the fact that the petitioner would be entitled to compensation in accord