- 1 - HC-KAR NC: 2025:KHC-D:9645-DB WA No. 100709 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE SMT. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT APPEAL NO. 100709 OF 2017 (GM-RES) BETWEEN: NANDI HIGHWAY DEVELOPERS LTD 1, MIDFORD HOUSE, MIDFORD GARDEN OFF MG ROAD BANGALORE 560001 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. CHANDRASHEKHARAYYA S.M. S/O. SRI SITIKANTHA S.M. AGED ABOUT 46 YEARS. …APPELLANT (BY SRI. RAJASHEKHAR BURJI AND SRI. S. B. MATHAPATI, ADVOCATES) AND: 1. EXECUTIVE ENGINEER (UNION OF INDIA) PUBLIC WORKS, PORTS and IWT DEPARTMENT, (NATIONAL HIGHWAYS) PWD ANNEXE BUILDING, K.R CIRCLE, BENGALURU-560001. CHANDRASHEKAR LAXMAN KATTIMANI HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9645-DB WA No. 100709 of 2017 2. SUPERINTENDING ENGINEER PUBLIC WORKS, PORTS and IWT DEPARTMENT (NATIONAL HIGHWAYS) NH CIRCLE, DIST: DHARWAD-580001. 3. EXECUTIVE ENGINEER PUBLIC WORKS, PORTS and IWT DEPARTMENT (NATIONAL HIGHWAYS) VISHWESHWAR NAGAR, HUBBALLI-32, DIST: DHARWAD. 4. NATIONAL HIGHWAYS AUTHORITY OF INDIA NO.G 5 and 6, SECTOR 10, DWARKA, NEW DELHI 110075. R/B ITS CHIEF GENERAL MANAGER. 5. BHARAT PETROLEUM COMPANY LTD BELGAUM TERRITORY NEAR DESUR RAIWAY STATION, ZEDSHAHPUR, DESUR POST, BELAGAVI-590014. R/BY ITS TERRITORY MANAGER(RETAIL). 6. MR.N.H. KOPPAD, AGE: MAJOR, OCC: BUSINESS, GOOD SHED ROAD, KULKARNI HAKKAL, HUBALLI-580020, DIST: DHARWAD. 7. UNION OF INDIA BY THE MINISTRY OF HIGHWAYS AND SURFACE TRANSPORT, - 3 - HC-KAR NC: 2025:KHC-D:9645-DB WA No. 100709 of 2017 TRANSPORT BHAVAN NO.1, PARLIAMENT STREET, NEW DELHI 110001, REPRESENTED THROUGH CHIEF ENGINEER. …RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE FOR R1, R4 & R7; SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD MAGADUM, AGA FOR R2 AND R3; SRI. K.L.PATIL, ADVOCATE FOR R5; SRI. M.R. MULLA & SRI. S.S. NIRANJAN, ADV.S FOR R6) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, READ WITH RULE 27 OF THE WRIT PROCEEDINGS RULES, 1977, PRAYING TO SET ASIDE THE ORDER DATED 24.10.2017 PASSED BY THE LEARNED SIGLE JUDGE IN WP.NO.105421/2016 BY ALLOWING AND CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE SMT. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR - 4 - HC-KAR NC: 2025:KHC-D:9645-DB WA No. 100709 of 2017 ORAL ORDER (PER: THE HON'BLE SMT. JUSTICE ANU SIVARAMAN) Heard learned counsel appearing for respondents No.1 to 4. 2. A memo for dismissal of the writ appeal has also been placed on record stating that the appeal has become infructuous on account of the fact that the access permission had already been granted and the term of the contract of the appellant has also expired. There is no appearance of the appellant today. However in view of the memo dated 04.12.2024 and submission made by the learned counsel appearing for respondents No.1 to 4, the appeal is dismissed as having become infructuous. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (S.R. KRISHNA KUMAR) JUDGE CLK CT: ANB/List No.: 1 Sl No.: 1