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2025 DAILYLAW 32755 (KAR)

T C SIDDALINGAPPA v. THE UNION OF INDIA

WP/57909/2016 · 2025-02-14

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:6710 WP No. 57909 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 57909 OF 2016 (GM-RES) BETWEEN: T.C.SIDDALINGAPPA S/O LATE CHANNAPPA, AGED ABOUT 75 YEARS, RESIDENT OF 9TH CROSS, NEAR MAHALAKSHMI TEMPLE, MAHALAKSHMINAGAR, TUMAKURU - 572 101. …PETITIONER (BY SRI.RAJENDRA., ADVOCATE FOR SRI.S.V.PRAKASH., ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVANA, 1 PARLIAMENT STREET, NEW DELHI - 110 001. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, (AN AUTHORITY CONSTITUTED UNDER NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988), G-5 & G-6, SECTOR-O, "DWARAKA", NEW DELHI - 110 075. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6710 WP No. 57909 of 2016 4. THE CHIEF ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, K.R.CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 5. THE SUPERINTENDENT ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, BENGALURU CIRCLE, BENGALURU - 560 001. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TUMKURU DIVISION, TUMAKURU CITY - 572 103. 7. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TUMAKURU CITY - 572 103. 8. THE TUMAKURU CITY MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, TUMAKURU CITY - 572 103. 9. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU CITY - 572 103. …RESPONDENTS (BY SRI. JEEVAN.K., ADVOCATE FOR SRI. SHOBITH.N.SHETTY., ADVOCATE FOR R2; SRI. MANJUNATHA RAYAPPA., AGA FOR R3, 4, 5, 6, 7 & 9; SMT. SUKSHI.M.KRISHNA., ADVOCATE FOR SRI. SUBRAMANYA.R., ADVOCATE FOR R8) 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: - 3 - NC: 2025:KHC:6710 WP No. 57909 of 2016 ORAL ORDER Sri.Rajendra., counsel on behalf of Sri.S.V.Prakash., for the petitioner, Sri.Shobhith N.Shetty., counsel for respondent No.2, Sri.Manjunatha Rayappa., AGA for respondents 3, 4, 5, 6, 7 & 9 and Smt.Sakshi.M.Krishna., counsel on behalf of Sri.Subramanya.R., for respondent No.8 have appeared in person. 2. The petitioner is said to be the owner in possession and enjoyment of his property and has sought for issuance of a Writ in the nature of Mandamus directing the respondents to follow land acquisition procedure in the event of any road widening activity. 3. Heard the arguments and perused the Writ papers with care. 4. It is made clear that the property of the petitioner would not be made use of for any Civil Work relating to road widening except either by acquisition or by acquiring the property through mutual negations. - 4 - NC: 2025:KHC:6710 WP No. 57909 of 2016 Similarly, it is made clear that the respondents if were to resort to road widening, the same is to be resorted to strictly in accordance with due process of the law. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 7