IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.285/2023 (SC-ST)

BETWEEN:

1. SRI. R. DEVENDRA S/O A. RAJANNA AGED 50 YEARS.

2. SRI. R. CHANDRANNA S/O A. RAJANNA Digitally signed AGED 45 YEARS.

by RUPA V

3. SRI. R. CHETHAN KUMAR Location: High Court Of S/O A. RAJANNA Karnataka AGED 30 YEARS.

ALL ARE R/AT VEERABHADRANAPALYA DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT - 561203.

…APPELLANTS (BY SRI. VINAYA KUMAR G.S. ADV., FOR SRI. KUMBAR VASANT FAKEERAPPA, ADV.,)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560001 REP. BY ITS SECRETARY.

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE - 560001.

3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION PODIUM BLOCK BANGALORE - 560001.

4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NRUPATHUNGA ROAD BANGALORE - 560001.

5. SRI. KOTHANUR M. THAMMANNA AGED 82 YEARS S/O M. MUNISHAMAPPA R/AT. BAGALUR VILLAGE JALA HOBLI, BANGALORE NORTH TALUK BANGALORE - 562149.

6. SMT. T. SUSHEELAMMA D/O LATE SHARADAMMA AGED 60 YEARS C/O DIVYA STORES

12TH B MAIN, 6TH BLOCK RAJAJINAGAR, BANGALORE - 560010.

7. SRINIVASA S/O LATE SHARADAMMA AGED 56 YEARS NO. 1087, 66TH CROSS

8TH B MAIN ROAD

5TH BLOCK, RAJAJINAGAR BANGALORE - 560010.

8. SMT. SHARADAMMA @ SHOBHA D/O A. RAJANNA AGED 40 YEARS NO.222, 1ST CROSS MANJUNATH LAYOUT NAGASHETTIHALLI BANGALORE - 560094.

9. SMT. KALYANKUMARI W/O SUDHAKAR AGED 38 YEARS KANTEERAVANAGARA DASARAHALLI, BANGALORE.

…RESPONDENTS (BY SRI. K. SHIVASHANKAR, ADV., FOR C/R5 SRI. P.V. CHANDRASHEKAR, ADV., FOR R4 SMT. PRAMODHINI KISHAN, AGA FOR R1 TO R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.1776/2012 DATED 13/02/2023 AND ALLOW THE APPEAL ACCORDINGLY IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed seeking following reliefs:

"Wherefore, it is prayed that this Hon'ble Court may be pleased to set aside the order passed by the learned Single Judge of this Hon'ble Court in W.P.No.1776/2012 dated

13.02.2023 and allow the appeal accordingly, in the interest of justice and equity."

2. Sri.P.V.Chandrashekar, learned counsel for respondent No.4 and Sri.K.Shivashankar, learned counsel for respondent No.5 submit that against the very impugned order, respondent Nos.9 and 10 before the learned Single Judge had preferred an appeal in W.A.No.352/2023 which came to be dismissed vide order dated 23.01.2025 and being aggrieved by the said order, the said respondents preferred SLP which also came to be dismissed.

3. We have heard the arguments and meticulously perused the material available on record.

4. It is noticed that the present appeal is filed by respondent Nos.6 to 8 before the learned Single Judge, challenging the order dated 13.02.2023 passed in WP.No.1776/2012, wherein the learned Single Judge considering the aspect of delay in filing an application for restoration, dismissed the writ petition. It is further noticed that the co-respondents before the learned Single Judge i.e., respondent Nos.9 and 10, Smt.Sushilamma and Sri.Srinivasa respectively preferred WA.No.352/2023 and the co-ordinate Bench of this Court, considering rival contentions and taking note of the decisions of the Hon'ble Supreme Court dismissed the appeal by the order dated 23.01.2025. It is also noticed that the said Smt.Sushilamma and Sri.Srinivasa filed Special Leave Petition (Civil) Diary No(s).14531/2025 which came to be dismissed on 07.07.2025. In view of the order dated 23.01.2025 in W.A. No.352/2023 having attained finality, this appeal al