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2025 DAILYLAW 24042 (KAR)

V HARI REDDY v. NATIONAL HIGHWAY AUTHORITY OF INDIA

WP/9904/2020 · 2025-02-10

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:5796 WP No. 9904 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 9904 OF 2020 (GM-RES) BETWEEN: V.HARI REDDY AGED 53 YEARS, S/O LATE VEERASWAMY REDDY, R/AT NO.98, 2ND CROSS, 3RD PHASE, 5TH BLOCK, BSK III STAGE, BANGALORE - 560 085. …PETITIONER (BY SRI. AKMAL PASHA., ADVOCATE FOR SRI. ANANTHA NARAYANA.B.N., ADVOCATE) AND: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS DIRECTOR, REGIONAL OFFICE, SY. NO.13, NAGASANDRA VILLAGE, BANGALORE-TUMKUR ROAD, BANGALORE - 560 073. 2. THE PROJECT DIRECTOR (NH-75), PROJECT IMPLEMENTATION UNIT, NATIONAL HIGHWAYS AUTHORITY OF INDIA, SY NO.13, NAGASANDRA VILLAGE, BANGALORE-TUMKUR ROAD, BANGALORE - 560 073. …RESPONDENTS (BY SMT. SHILPA SHAH., ADVOCATE FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5796 WP No. 9904 of 2020 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Anantha Narayana.B.N., counsel for the petitioner and Smt.Shilpa Shah., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus to forbear the respondents from constructing Highway Nest, Toilets Blocks and Weigh Bridge on National Highway-75 within a distance of 200-250 meters from the Nangali Gaddur Village Toll Plaza fee axis in front of the petitioner's land situated at No.258/5 of Nangali Village, Byrakur Hobli, Mulabagal Taluk, Kolar District and directing the respondents to consider the objections raised by the petitioner as per Annexure-H and directing the respondents to pay to the petitioner cost of this proceedings. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner is seeking a relief to forbear/ restrain the respondents from constructing toilets on the National - 3 - NC: 2025:KHC:5796 WP No. 9904 of 2020 Highways. Such a relief cannot be accorded in the Writ Petition. Hence, I decline to exercise power under the writ jurisdiction. However, the liberty is accorded for the petitioner to approach appropriate forum, if so advised. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 38