- 1 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16989 OF 2023 (GM-RES) C/W WRIT PETITION NO. 14120 OF 2024 (GM-RES) IN WP No. 16989/2023 BETWEEN: 1. SRI K.S. SEETHARAM, S/O LATE K S SRIRAMAIAH, AGED ABOUT 59 YEARS, OCC.BUSINESS, R/AT MG ROAD, CHINTAMANI-563 125. 2. SRI A R SRINIVASA MURTHY, S/O LATE AMATI RAMASWAMAIAH SETTY, AGED ABOUT 67 YEARS, OCC. ADVOCATE, CORNER STORES(UP STAIRS), MG ROAD, CHINTAMANI-563 125. 3. SRI A R RAMACHANDRA, AGED ABOUT 77 YEARS, OCC. BUSINESS, S/O LATE AMATI RAMASWAMAIAH SETTY, CORNER STORES MG ROAD, CHINTAMANI-563 125. 4. SMT. S S REDDAMMA, W/O LATE SRINIVASA MURTHY, AGED ABOUT 74 YEARS, OCC. BUSINESS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 KALANJALI JANEES AND RM, CHINTHAMANI-563 125, KATHA NO.3315/3114 OF CHINTHAMNI CMC. 5. SRI B L PANDURANGAIAH SETTY, S/O LATE BOGGARAM LAKSHMAIAH, AGED ABOUT 85 YEARS, MG ROAD, CHINTAMNI-563 125. 6. SRI S R KISHORE KUMAR, S/O S V RAVINDRANATH, AGED ABOUT 58 YEARS, OCC: BUSINESS, MG ROAD, CHINTAMANI-563 125. 7. SMT. NIRMALA SRIDHAR, W/O LATE S V SRIDHAR, AGED ABOUT 55 YEAS, OCC. HOUSE WIFE, MG ROAD, CHINTAMANI-563 125. 8. SRI S V SHIVAPRASAD, S/O LATE SEGU VENKATARATHNAIAH SETTY, AGED ABOUT 70 YEARS, OCC.BUSINESS, MG ROAD, CHINTAMANI-563125. 9. SRI S V VIJAYALAKSHMI, W/O LATE S V VIJAYASHEKAR, AGED ABOUT 67 YEARS, OCC. HOUSE WIFE, MG ROAD, CHINTAMANI-563125. 10. SRI K S RAGHAVENDRA, S/O LATE K R SATYANARAYANA SETTY, AGED ABOUT 41 YEARS, OCC. BUSINESS, OPP PCR COMPLEX, MG ROAD, CHINTAMANI-563 125. 11. SRI A R VENKATACHALAPATHY SETTY, S/O LATE AMATI RAMASWAMAIAH SHETTY, AGED ABOUT 85 YEARS, - 3 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 OCC. BUSINESS, MG ROAD, CHINTAMANI-563 125. 12. SRI D KIRAN KUMAR, S/O D RAMA SUBRAMANYAM, AGED ABOUT 47 YEARS, OCC. BUSINESS, C/O SRI KRISHNA TEXTILES, MG ROAD, CHINTAMANI-563 125. 13. SRI S N SRINIVAS, S/O LATE S V NARAYANASWAMY, AGED ABOUT 46 YEARS, OCC. BUSINESS, FIRST DIVISION CLERK, MG ROAD, CHINTAMANI-563 125. 14. SRI Y A PRABHAKAR, S/O LATE Y ADINARAYANAIAH, AGED ABOUT 79 YEARS, OCC. BUSINESS, MG ROAD, CHINTAMANI-563 125. 15. SMT. MAMATHA R RAM, W/O DR K RAGHURAM, AGED ABOUT 56 YEAS, OCC. LAB ADMINISTRATOR OF DHANALAKSHMI NURSING HOME, MG ROAD, CHINTAMANI-563 125. KHATHA NO.976/929/1. …PETITIONERS (BY SRI G BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN, 1 PARLIAMENT STREET, NEW DELHI-110 001. - 4 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G5 AND 6, SECTOR 10, DWARKA, NEW DELHI-110 075. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS DIVISION, NO.13/4, 4TH FLOOR, CPC BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI JAGADISH GUNDAPPA, CGSC FOR R-1; SRI PRASHANTHA H.S, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOT TO DEMOLISH THE SHOPS / PROPERTIES OF THE PETITIONERS DESCRIBED IN THE SCHEDULE WITHOUT ACQUIRING AND WITHOUT PAYING THE COMPENSATION TO THE PETITIONERS. IN WP NO. 14120/2024 BETWEEN: 1. SMT. GAYATHRI, W/O RAGHUNATH SETTY, AGED ABOUT 68 YEARS, RA/T DENTAL CLINIC, M G ROAD, CHINTAMANI TOWN AND POST, CHIKKABALLAPUR DISTRICT 563 125. 2. DR G S SHANTH, S/O G V SONNAPPA, MAJOR, R/AT 306/1, 2ND FLOOR, 6TH CROSS, JAYANGAR 1ST BLOCK, BANGALORE 560 011. 3. SMT. S SUSHEELAMMA, W/O N VENKATACHALAPATHI, AGED ABOUT 48 YEARS, R/O VENKATA REDDY HOSPITAL, N R EXTENSION, OPP. MYSORE HOSPITAL, CHINTAMANI TOWN AND POST, CHIKKABALLAPUR DISTRICT 563 125. - 5 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 4. N VENKATACHALAPATHI, S/O LATE P L NARAYANA SWAMY, AGED ABOUT 65 YEARS, R/O N R EXTENSION, OPP MYSORE CLINIC SAVITHRAMMA BUILDING, CHINTAMANI TOWN AND POST, CHIKKABALLAPUR DISTRICT 563 125. 5. SMT. B P BHAYGAVATHI BAI, W/O CHIKKA RUKMOJI RAO, AGED ABOUT 65 YEARS, R/O GOSHA GALLI, M G ROAD, WARD NO.22, CHINTAMANI TOWN & POST, CHIKKABALLAPUR DISTRICT 563 125. ...PETITIONERS (BY SRI G BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1 PARLIAMENT STREET, NEW DELHI 110001. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS CHARIMAN, G5 AND 6, SECTOR 10, DWARKA, NEW DELHI 110 075. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS DIVISION, NO 13/4, 4TH FLOOR, CPC BUILDING, NRUPATHUNGA ROAD, BANGALORE 560 001. ...RESPONDENTS (BY SRI NISHAN UNNI P, CGSC FOR R-1; SRI PRASHANTHA H.S, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO DEMOLISH THE SHOPS/ PROPERTIES OF THE PETITIONERS DESCRIBED IN THE SCHEDULE WITHOUT - 6 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 ACQUIRING AND WITHOUT PAYING THE COMPENSATION TO THE PETITIONERS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Registry is directed to print name of learned AGA as that appearing respondent No.3 in both matters. 2. The petitioners in WP No. 16989/2023 is before this Court seeking for the following reliefs; a. Issue a writ of mandamus or direction directing the Respondent not to demolish the shops/properties of the petitioners described in the schedule without acquiring and without paying the compensation to the petitioners. b. Grant any other writ or direction to meet the ends of justice." 3. The petitioners in WP No. 14120/2024 is before this Court seeking for the following reliefs; c. Issue a writ of mandamus or direction directing the Respondent not to demolish the shops/properties of the petitioners described in the schedule without acquiring and without paying the compensation to the petitioners. d. Grant any other writ or direction to meet the ends of justice." - 7 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 4. The essential grievance raised by the petitioners in both the matter is as regards the perceived threat on part of the petitioners that the respondent No.3 will cause demolition of the premises of the petitioner without following the due process of law. It is in that background, that the petitioners are before this Court seeking for the aforesaid reliefs. 5. The mandamus which has been sought for in both the matters is for direction restraining demolition of the shop/properties of the petitioners without acquiring and without paying compensation to the petitioners. Thus, in effect there is no particular objection on part of the petitioners for acquisition of their land, subject however to the compensation being paid by the respondents. 6. The submission of Sri. Balakrishna Shastry., learned counsel for the petitioner is that right to property being a constitutional right, it is only through exercise of powers of eminent domain that such - 8 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 rights could be sought to be acquired by respondent- State. 7. Sri.Ruben Jacob., learned Additional Advocate General would submits that; 7.1. There is no intention on part of respondents to take over the property of the petitioners without following the due process of law. 7.2. His submission is that, in the event of there being any encroachment alleged against the petitioners, the Municipal authorities will issue appropriate notices to the petitioners by following the applicable law, as also complying with the principle of natural justice and only then necessary action would be taken. 7.3. If there is no encroachment, the respondents would initiate such proceedings for acquisition of the required land under the provisions of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And - 9 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 Resettlement (RFCTLARR) Act, 2013 and comply with the requirements thereof. 8. In this regard a memo for disposal has been filed in WP No.14120/2024 enclosing a letter dated 15.10.2025 address by the Executive Engineer, National Highway Division-Bangalore, Government of Karnataka to the office of the Advocate General, which reads as under; MEMO FOR DISPOSAL In the above Writ Petitions, the Petitioners have sought for a direction to the Respondents not to demolish their shops/properties which is described in the schedule without acquiring and without paying compensation of the Petitioners. This Hon'ble Court has granted an Interim Order in the similar circumstances in Writ Petition No. 19340/2021(GM-Res) and Writ Petition No.17242/2023 C/w Writ Petition No.17239/2023 and Writ Petition No.17742/2023 (GM-Res). This Hon'ble Court has disposed of the Writ Petition on 11.07.2025. In terms of the order dated 11.07.2025, the above Writ Petitions may be disposed. The letter received by this office written by the Executive Engineer, National Highway Division, Bengaluru also produced along with this Memo contending that action will be taken in due process of law. WHEREFORE, the Respondent State humbly prays that this Hon'ble Court may be pleased to take the - 10 - HC-KAR NC: 2025:KHC:45660 WP No. 16989 of 2023 C/W WP No. 14120 of 2024 aforesaid submission on record and dispose of the above Writ Petitions, in the interest of justice. 9. The submission of the learned Additional Advocate General and the letter answer the grievance of the petitioners, placing on record the said submissions the petitions stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 5