Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15915-DB WP No. 7429 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 7429 OF 2024 (GM-RES-PIL) BETWEEN:
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MR. RANJITH KUMAR AGED ABOUT 44 YEARS S/O GANAPATHI PRABHU R/O NO.7/80, SHARADAMBA BUKKIGUDDE, PERDOOR UDUPI - 576 124 PH: 9880114250 …PETITIONER (BY SRI. KRISHNA S. VYAS, ADVOCATE) AND:
1.
UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY ALSO HAVING ITS REGIONAL OFFICE AT 2ND FLOOR, KSCFL BUILDING D DEVRAJ URS ROAD RACE COURSE ROAD BENGALURU - 560 001.
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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NC: 2025:KHC:15915-DB WP No. 7429 of 2024
2.
NATIONAL HIGHWAYS AUTHORITY OF INDIA CORPORATE OFFICE AT G-5 AND 6, SECTOR - 10 DWARKA, NEW DELHI - 110 075 REPRESENTED BY ITS CHAIRMAN.
3.
THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION BETHEL THARETHOTA NEAR NATIONAL HIGHWAY-66 PUMPWELL MANGALURU KARNATAKA - 575 002.
4.
THE COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS GOVT. OF KARNATAKA 2 AND 3 FLOOR, MAHADESHWARA VARTHA BHAVNA VENKATRAO ROAD CHAMARAJPET BENGALURU, KARNATAKA - 560 018 REPRESENTED BY ITS COMMISSIONER.
5.
THE EXECUTIVE OFFICER MAHATOBHARA SRI ANANTHA PADMANABHA TEMPLE PERDOOR - 576 124 …RESPONDENTS (BY SRI S. RAJASHEKAR, CGC FPR R-1, SRI SHOBHITA N. SHETTY, ADVOCATE FOR R-2, SMT. NILOUFER AKBAR, AGA FOR R-3 & R-4 AND SRI KETHAN KUMAR, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE 1ST AND 2ND RESPONDENT DEPARTMENT TO DROP ANY PROCEEDINGS PERTAINING TO WIDENING OF NH-169A, STRECH, WHICH ABUTS THE MAHATOBHARA
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NC: 2025:KHC:15915-DB WP No. 7429 of 2024
ANANTHAPADMANABHASWAMY TEMPLE, PERDOOR, UDUPI DISTRICT, IN CONSIDERATION OF THE REPRESENTATION OF THE TEMPLE DEVOTEES DATED 19/12/2022 & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner in this public interest petition stood aggrieved because of the action on part of respondent No.1-the Union of India, Ministry of Road Transport and Highways, whereby NH-169A was sought to be widened. 2. The widening had have the effect of including the lands of car street and also the Nagavana of Mahatobhara Sri Ananthapadmanabha Temple, Srikshetra Perdoor, Udupi District. It was claimed that this would cause permanent deprivement and irreparable loss to the property of the temple and would make it difficult for the devotees to worship. - 4 -
NC: 2025:KHC:15915-DB WP No. 7429 of 2024
3. The prayer was made to direct respondent No.1-the Union of India and respondent No.2-National Highways Authority of India to drop any proceedings pertaining to widening of NH-169A stretch which abuts the Mahatobhara Sri Ananthapadmanabha Temple. It was further prayed to consider the representation dated 19.12.2022 submitted by the temple devotees. 4. When the petition came up for consideration today, learned Central Government Counsel Mr. S. Rajashekar for respondent No.1-the Union of India pointed out that the Mahatobhara Sri Ananthapadmanabha Temple-respondent No.5 in this petition has filed another independent writ petition, whereby the notification of the National Highways Authority of India seeking to acquire the land to widen the road was challenged. Learned Single Judge, by the order dated 02.09.2024 passed in the said Writ Petition No.24006 of 2024 has directed, by way of interim relief, not to precipitate the matter in respect of the property in question till the next date. It was stated that the said interim order is in operation. 5. Now that learned Single Judge of this court has passed the interim order as above in the independent writ petition involving the same subject matter and that the merits are large open before
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NC: 2025:KHC:15915-DB WP No. 7429 of 2024
learned Single Judge, the court is not inclined to exercise its public interest jurisdiction to entertain the present petition. 6. Learned advocate for the petitioner who appeared through video conferencing could not dispute the factum of filing of the writ petition by respondent No.5-temple and passing of interim order as aforesaid by learned Single Judge. 7.
In view of the above facts and subsequent developments, the present writ petition is not entertained and stands disposed of accordingly without going into the merits thereof. In view of disposal of the petition, any interlocutory application that may be pending would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
KPS, List No.: 1 Sl No.: 110