- 1 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 605 OF 2025 (GM-RES PIL) BETWEEN: 1. SRI. NAGAPPA S/O SRI. MANAPPA AGED ABOUT 52 YEARS R/O WARD NO.11 KANAKA NAGAR MASKI TALUK, MASKI-584 124 RAICHUR DISTRICT. 2. SRI. VASANT KUMAR S/O Dr. BHEEMANNA AGED ABOUT 55 YEARS R/O PINJAR AREA WARD NO.12 MASKI-584 124 RAICHUR DISTRICT. 3. SRI. MODIN SAB S/O SRI. ALLA SAB AGED ABOUT 40 YEARS R/O WARD NO.3 KANIVE ANJANEYA TEMPLE MASKI - 584 124 RAICHUR DISTRICT. 4. SRI. RARAYAPPA BOUTER S/O SRI. MALLAPPA BOUTER AGED ABOUT 53 YEARS R/O WARD NO.12 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 MASKI-584 124 RAICHUR DISTRICT. …PETITIONERS (BY SRI. S.P.KULKARNI, SERNIOR ADVOCATE FOR SRI. MANJUNATHA P.V., ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NO.1 TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI-110 001. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA PIU, 2ND CROSS, SATTUR COLONY VIDYAGIRI, DHARWAD-580 004 REP. BY ITS PROJECT DIRECTOR. 3. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT ROOM NO.428, 4TH FLOOR VIKASA SOUDHA, BENGALURU-560 001. 4. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGH WAYS PWD GOVERNMENT OF KARNATAKA MINI VIDHANA SOUDHA DHARWAD-580 001. 5. THE SUPERINTENDING ENGINEER NATIONAL HIGH WAYS CIRCLE PWD GOVERNMENT OF KARNATAKA - 3 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 D.C. COMPOUND DHARWAD-580 001. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGH WAYS DIVISION PWD, GOVERNMENT OF KARNATAKA VIJAYAPURA-582 101. 7. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGH WAYS SUB DIVISION PWD GOVERNMENT OF KARNATAKA, HUNGUND BAGALAKOT DISTRICT-587 101. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 & R2; SMT. NILOUFER AKBAR, AGA FOR R3 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING ACQUISITION OF LAND PROPOSED FOR THE PURPOSE OF ROAD WIDENING RANGING FROM ASHOKA CIRCLE TO BASASVESHWARA CIRCLE AT MASKI (2KM AREA) RANGING FROM 147.07TH KM TO 149.07TH KM FROM THE OFFICE OF SUPERINTENDING ENGINEER, NHAI, DHARWAD AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE VERY INITIATION OF THE ACQUISITION PROCEEDINGS PERTAINING TO WIDENING OF THE ROAD 2KM STRETCH FROM ASHOKA CIRCLE TO BASAVESHWARA CIRCLE AT MASKI ON THE NH-150A, ISSUED VIDE No.LAQ/NH/Ua.Pa.Vi/150A/2023-24 DATED 29.12.2023 ISSUED BY THE SECOND RESPONDENT AUTHORITY, BEING ARBITRARY ERRONEOUS, UNNECESSARY AND UNWARRANTED AND OPPOSED TO LAW EQUITY AND JUSTICE (ANNEXURE-G) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioners, four in numbers hail from Maski Town, Maski Taluka, Raichur District who have in this public interest petition advance the grievance about the proposed widening of road ranging from Ashoka Circle to Basaveshwara Circle at Maski (2 km area) ranging from 147.07th km to 149.07th km from the office of Superintending Engineer, NHAI, Dharwad. The prayer is made to declare that the acquisition proceedings pertaining to the widening of the said road are arbitrary and unwarranted. It is further prayed in the alternative to direct respondent No.4-the Special Land Acquisition Officer, National High Ways PWD, Dharwad to decide representation of the petitioners dated 13.11.2024. 2. Admittedly, this petition is a litigation in repeat in the very subject matter. Earlier also public interest petition which was Writ Petition No.10618 of 2024 filed with identical prayers which was however withdrawn. Since the representation of the petitioners - 5 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 dated 19.12.2023 then made was pending, the petitioners wanted to pursue the said representation. 3. It appears, as pointed out by learned Senior Advocate Mr..S.P. Kulkarni for the petitioners that the representation was made, on 13.11.2024 in which the National Highways Authority of India has stated that it was not the authority to who could consider the grievance, the issue may be taken with the department concerned. 4. In light of that, it was shown from the record that the petitioners have made another representation dated 13.11.2024 to the Special Land Acquisition Officer, National Highway Authority, Dharwad, copy of which figures on record of the petition (Annexure-P page 234). Learned Senior Advocate for the petitioners has confined his submission seeking a prayer that the said authority may be directed to consider and decide the said representation. 5. If the representation is made and pending, the request cannot be said to be unreasonable. Respondent No.4 herein shall decide the representation dated 13.11.2024 made by the - 6 - NC: 2025:KHC:5348-DB WP No. 605 of 2025 petitioners strictly in accordance with law, preferably within a period of six weeks. 6. Learned Deputy Solicitor General of India Mr. H. Shanthi Bhushan as well as learned Additional Government Advocate Smt. Niloufer Akbar stated that the representation will be decided in accordance with law. 7. The petition is disposed of accordingly without expressing any opinion on merits. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 8