- 1 - HC-KAR NC: 2025:KHC:53089 WP No. 37024 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37024 OF 2025 (GM-RES) BETWEEN: SRI. PESI ARDESHER SHROFF S/O SROFF ARDESHER, AGE ABOUT 90 YEARS, RESIDING AT #162-S3, 5TH MAIN ROAD, DEFENCE COLONY, INDIRANAGAR. BENGALURU - 560 038. …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3RD FLOOR, SAMPARKA SOUDHA, OPPOSITE ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. SIDDARATH BABU RAO, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53089 WP No. 37024 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, THEREBY DIRECTING THE RESPONDENT NO.2 TO FORTHWITH CONSIDER THE PETITIONERS APPLICATION UNDER SECTION 35 OF THE KARNATAKA HIGHWAYS ACT, 1964, AND REFER THE DISPUTE REGARDING THE AWARD PASSED UNDER SECTION 28 TO THE JURISDICTIONAL CIVIL COURT FOR ADJUDICATION ANX-A DTD 6.6.2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: (a) Issue a Writ of Mandamus or any other writ, thereby directing the Respondent No.2 to forthwith consider the Petitioner's application under Section 35 of the Karnataka Highways Act, 1964, and refer the dispute regarding the Award passed under Section 28 to the jurisdictional Civil Court for adjudication (ANNEXURE-A) Daled) June, 06.2025 (b) Direct Respondent No.2 to communicate a formal order on the Petitioner's application, in accordance with law, within a specified time frame, failing which appropriate coercive or remedial action may be considered. - 3 - HC-KAR NC: 2025:KHC:53089 WP No. 37024 of 2025 (c) Pass any other order deems fit in the circumstances of the case in the interest of justice and equity. 3. The grievance of the petitioner is that the land of the petitioner having been acquired for the purpose of widening a State Highway. An award has been passed and the petitioner has made an application under Section 35 of the Karnataka Highways Act, 1964 (for short "the Act, 1964") for reference on 06.06.2025 at Annexure-A, despite the lapse of more than six months, no action has been taken on the said application. 4. Though Section 35 of the Act, 1964 does not prescribe any time period in which the reference is required to be made, considering that the matter is relating to a land acquisition and the land loser is required to make an application within six weeks from the date of award at a maximum, the respondents would also be required to pass the necessary reference order within six weeks of the receipt of the said application. The same not having been done, I pass the following: - 4 - HC-KAR NC: 2025:KHC:53089 WP No. 37024 of 2025 ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondent No.2 to consider the petitioner's application under Section 35 of the Act, 1964 and pass necessary orders within a period of two weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 15