- 1 - NC: 2025:KHC:1769 WP No. 45239 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 45239 OF 2017 (GM-RES) BETWEEN: 1. KORAGA @ KESHAVA AGED 84 YEARS, S/O SUBBA POOJARY, 2. SUMITHRA AGED 56 YEARS, D/O KORAGA @ KESHAVA, 3. GEETHA AGED 52 YEARS, D/O KORAGA @ KESHAVA, 4. RAVIKANTHA AGED 54 YEARS, D/O KORAGA @ KESHAVA, 5. KISHORE AGED 54 YEARS, D/O KORAGA @ KESHAVA, ALL ARE R/AT ANAGALLI VILLAGE, POST ANAGALLI, KUNDAPURA TALUK, UDUPI DISTRICT. REPRESENTED BY THEIR GPA. HOLDER PETITIONER. NO.5, KISHORE S/O KORAGAPPA @ KESHAVA, R/AT ANAGALLI VILLAGE AND POST. …PETITIONERS (BY SRI. S.K.ACHARYA., ADVOCATE) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1769 WP No. 45239 of 2017 AND: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA 66 (17), HONNAVAR, SHRI HARIPRASAD BUILDING, ROYALKERI, AMBEDKAR ROAD, HONNAVAR - 581 334. UTTARA KANNADA DISTRICT. 2. THE COMPETENT AUTHORITY & SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, HARIPRASAD BUILDING, ROYALKERI, AMBEDKAR ROAD, HONNAVAR-581 334. UTTARA KANNADA DISTRICT. 3. THE DEPUTY COMMISSIONER & ARBITRATOR, RAJATHADRI MANIPAL - 576 104. UDUPI DISTRICT. …RESPONDENTS (BY SRI. SHOBITH SHETTY., ADVOCATE FOR R1 & 2; SRI. SRINIVAS KUMAR., HCGP., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.K.Acharya., counsel for the petitioners, Sri.Shobith Shetty., counsel for respondents 1 and 2 and Sri.Srinivas Kumar.M., HCGP for respondent No.3 have appeared in person. - 3 - NC: 2025:KHC:1769 WP No. 45239 of 2017 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Endorsement dated 18.08.2017 passed in No.ARB-(3)/CR 01/2017-18/3 on the file of respondent No.3 - Deputy Commissioner, Udupi District, Udupi vide Annexure-A and also to issue a Writ of Mandamus directing respondent No.3 to accept the application filed by the petitioners under Section 3(G) (5) of the National Highways Act, 1956 vide Annexure-C and to decide the issue forthwith within the time limit framed by this Court. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.S.K.Acharya., submits that similar endorsement has been quashed by the Coordinate bench of this Court in W.P.No.45229/2017. Counsel therefore, submits that the Writ Petition may be disposed of in terms of the order passed by the Coordinate bench of this Court on 20.08.2024 in W.P.No.45229/2017. Counsel for the respondents acknowledges the said submission. The oral submission made by counsel for the respective parties is placed on record. - 4 - NC: 2025:KHC:1769 WP No. 45239 of 2017 5. The Writ Petition is disposed of in terms of the order passed by the coordinate bench of this Court on 20.08.2024 in W.P.No.45229/2017. 6. The Writ of Certiorari is ordered. The impugned endorsement dated 18.08.2017 issued by respondent No.3 is set-aside. The matter is remitted to respondent No.3 to consider the application filed by the petitioners strictly in accordance with the law. All the contentions of the parties are kept open to be urged before respondent No.3. Respondent No.3 shall pass an order on application filed by the petitioners within an outer limit of twelve (12) weeks from the receipt of certified copy of this order, after affording sufficient opportunity to concerned parties. 7. Resultantly, the Writ Petition is allowed and remanded. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 39