- 1 - NC: 2025:KHC:482 WP No. 32400 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 32400 OF 2024 (GM-RES) ETWEEN: RIA TIMBERS AND HARDWARES, PROPRIETORSHIP FIRM HAVING OFFICE AT 39, 10-T-65/1, NH 66 GORIGUDDA, JODY, MANGALORE, D.K - 575 002, REPRESENTED BY ITS PROPRIETOR, RESHMA RIYAZ, AGED ABOUT 44 YEARS, W/O MOHAMMAD RIYAZ. …PETITIONER (BY SRI. B.S. SACHIN, ADVOCATE) AND: NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA) REPRESENTED BY ITS PROJECT DIRECTOR, NHAI PROJECT IMPLEMENTATION UNIT, DOOR NO 3-29, 'BETHEL', THARETHOTA, NEAR PUMPWELL (NH 66), MANGALORE - 575 002. …RESPONDENT (BY SRI. VASANT KOPPAR, ADVOCATE AND SRI. PRASHANTHA M.S, ADVOCATE FOR SRI. PADMANABHA HOLLA S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:482 WP No. 32400 of 2024 IMPUGNED NOTICE DATED 19.09.24, PASSED BY RESPONDENT BEARING NO. 11039/2/24PIU(NGLR)/769 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned notice at Annexure-A dated 19.09.2024 issued by the respondent- National Highways Authority of India. Learned counsel for the petitioner submits that a plain reading of the notice clearly shows that action is sought to be initiated by the respondent against the petitioner on the ground that the petitioner has encroached upon the property belonging to the respondent. However, reasonable time is not given to the petitioner to cause a reply and thereafter seek consideration of such a reply, which could be given by the petitioner showing his title to the property in question. Learned counsel would therefore submit that the impugned notice may be directed to be treated as a show cause notice, and reasonable time should be given to the petitioner to cause a reply along with the required documents. - 3 - NC: 2025:KHC:482 WP No. 32400 of 2024 Thereafter, the respondent should be directed to consider the same and while giving sufficient opportunity to the petitioner thereafter, take any further steps in accordance with law. 2. Accepting the submission made by the learned counsel for the petitioner, the writ petition stands disposed of while directing that Annexure-A, impugned notice dated 19.09.2024 shall be treated as a showcause notice issued by the respondent. Fifteen days time is given to the petitioner from today to cause a reply to the impugned notice at Annexure-A. the respondent shall await the reply that could be given by the petitioner, consider the same in accordance with law and if any opportunity of hearing is required to be given in accordance with law the same shall be given to the petitioner and thereafter, steps shall be taken only in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT: BHK