- 1 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17605 OF 2023 (GM-RES) BETWEEN: 1. MR. RAVINDRA SINGH, S/O LATE NARAYANA SINGH, AGED ABOUT 63 YEARS, MG ROAD, MUNICIPAL KATHA NO 1154/1080, CHINTAMANI TOWN, CHIKKABALLAPUR DISTRICT-563 125. 2. MR. O P SUNIL KUMAR, S/O LATE O M PANDURANGAIAH SHETTY, AGED ABOUT 60 YEARS, M G ROAD, MUNICIPAL KATHA NO 1173/1098/1 CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT-563 125. 3. SRI N V KRISHNAMURTHY, S/O LATE NAMA VISHWANATHAIAH, AGED ABOUT 72 YEARS, R/O PRABHU NURSING HOME, M G ROAD, MUNICIPAL KATHA NO 1074/1099, CHINTAMANI, CHIKKABALLAPUR 563 125. 4. N ANANTHAMURTHY, S/O LATE P L NARAYANASWAMY, AGED ABOUT 64 YEARS, ALAHNKAR SILK HOUSE, M G ROAD, MUNICIPAL KAHTA NO 1093/1041, CHINTHAMANI TOWN, CHIKKABALLAPUR DISTRICT 563 125. 5. MR. C S KRISHNAMURTHY, S/O LATE GOPALKRISHNAIAH SHETTY, AGED ABOUT 61 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 M G ROAD, MUNICIPALKATHA NO 1170/1096, CHINTAMANI, CHIKKABALLAPUR 563 125. 6. N K NAGENDRA, S/O NAMA KRISHNAIAH SETTY, AGED ABOUT 44 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1181/1106 CHINTHAMANI, CHIKKABALLAPUR 563 125. 7. S VIJAYA KIRAN, S/O LATE V SRINIVAS, AGED ABOUT 40 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1147/1073 CHINTAMANI, CHIKKABALLAPUR 563 125. 8. MR. K N VARADARAJA, S/O K G NARAYANASWAMY, AGED ABOUT 55 YEARS, GEETHA SHOPPING COMPLEX, R/O M G ROAD, MUNICIPAL KATHA NO 1183/1108, CHINTHAMANI, CHIKKBALLAPUR 563 125. 9. MR. K K HARINATH, S/O LATE K V KRISHNAMURTHY, AGED ABOUT 62 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO.1180/1105, CHINTHAMANI, CHIKKBALLAPUR 563 125. 10. M S GOVINDARAJU, S/O LATE MEDA SANJEEVARAM, AGED ABOUT 42 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1168/1094, CHINTAMANI, CHIKKBALLAPUR 563 125. 11. S THIRUMALESH, S/O LATE C K SUBRAMANYAM, AGED ABOUT 34 YEARS, R/O NEAR GOVERNMENT HOSPITAL, M G ROAD, MUNICIPAL KATHA NO 1166/1092, CHINTHAMANI, CHIKKBALLAPUR 563 125. 12. SRI KANYAKA PARAMESHWARI CO-OP SOCIETY, M G ROAD, MUNICIPAL KATHA NO 1133/1059, - 3 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 CHINTHAMANI, CHIKKABALALPUR 563 125, REP. BY ITS SECRETARY, K M ASHWATHNARAYANA, ITS REGISTERED UNDER STORES ESTABLISHMENT ACT, 1961. 13. N K NAGENDRA, S/O NAMA KRISHNAIAH SETTY, AGED ABOUT 44 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1182/1107, CHINTAMANI, CHIKKABALALPUR 563 125. 14. M N KASTURI, W/O LATE M S NAGARAJ, AGED ABOUT 80 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1097/1045, CHINTHAMANI TOWN, CHIKKABALALPUR 563125. 15. MR N SRINIVASA, S/O LATE NAMA NARAYANAIAH, AGED ABOUT 77 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1178/1103, CHINTHAMANI, CHIKKABALALPUR 563125. 16. MR. G V SHANKAR SETTY, S/O G K VENKATAPPA SETTY, AGED ABOUT 74 YEARS, R/AT M G ROAD, MUNICIPAL KATHA NO 1186/1111, 1187/1112, CHINTHAMANI, CHIKKABALALPUR 563125. 17. S THIRUMALESH, S/O LATE C K SUBRAMANYAM, AGED ABOUT 34 YEARS, R/O NEAR GOVERNMENT HOSPITAL M G ROAD, MUNICIPAL KATHA NO 1150/1076, CHINTHAMANI, CHIKKABALALPUR 563 125. 18. MR. M G KRISHNAMURTHY, S/O LATE GOPALKRISHNAIAH SHETTY, AGED ABOUT 63 YEARS, M G ROAD, MUNICIPAL KATHA NO 1185/1110, CHINTHAMANI, CHIKKABALALPUR 563 125. - 4 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 19. MR. O P ANIL KUMAR, S/O LATE PANDURANGAIAH SHETTY, AGED ABOUT 62 YEARS, M G ROAD, MUNICIPAL KATHA NO 1177/1102, CHINTHAMANI, CHIKKABALALPUR 563 125. 20. M S RAGHUNANDAN, S/O LATE M S RAMARATHNAMMA, AGED ABOUT 53 YEARS, R/O M G ROAD, MUNICIPAL KATHA NO 1144/1070, CHINTHAMANI, CHIKKABALALPUR 563 125. 21. MR. K RAMESH BABU, S/O LATE K KENCHAPPA, AGED ABOUT 58 YEARS R/O M G ROAD,MUNCIPAL KATHA NO 898/854, CHINTHAMANI, CHIKKABALLAPUR 563 125. 22. MR. K RAMESH BABU, S/O LATE K KENCHAPPA, AGED ABOUT 58 YEARS, R/O M G ROAD, MUNCIPAL KATHA NO 1149/1075, CHINTHAMANI, CHIKKABALLAPUR 563 125. 23. MR. SHANKAREGOWDA, S/O LATE K KENCHAPPA, AGED ABOUT 74 YEARS, R/O M G ROAD, MUNICIPA KATHA NO 1165/1091, CHINTHAMANI, CHIKKABALLAPUR 563 125. …PETITIONERS (BY SRI SHANKARAPPA, 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. 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G5 AND 6, SECTOR 10, DWARKA, NEW DELHI 110075. - 5 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 3. OFFICE OF THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS DIVISION, NO 13/4, 4TH FLOOR, CFC BUILDING, NRUPATHUNGA ROAD, BANGALORE 560 001. 4. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M S BUILDING, BANGALORE 560 001.sw …RESPONDENTS (BY SRI CHETHAN A C, ADVOCATE FOR R-1; SRI G HANUMANTHA REDDY, ADVOCATE FOR R-2; SRI REUBEN JACOB, AAG A/W SMT. SARITHA KULKARNI, AGA FOR R-3 & R-4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R1 TO 3, TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 30.07.2023 AT ANEXURE-Z-27, Z-28 AND Z-29 REQUESTING THE RESPONDENTS TO STOP THE PROCESS OF DEMOLISHING THE BUILDINGS OF THE PETITIONERS WITHOUT CONSIDERING THE OBJECTIONS/ADDITIONAL REPLY ALONG WITH THE SUPPORTIVE DOCUMENTS OF THE PETITIONERS AND INTIMATE THE SAME AS PER THE DIRECTIONS IN WP NO.19340/2021 DATED 12.11.2021 AS ANNEXURE-Z6 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs; a. "Issue Writ of Mandamus directing the Respondents No.1 to 3, to consider the representations of the - 6 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 Petitioners dated 30.07.2023 at Annexure-Z-27, Z- 28 and Z-29 requesting the respondents to stop the process of demolishing the buildings of the Petitioners without considering the objections/additional reply along with the supportive documents of the Petitioners and intimate the same as per the directions in WP No. 19340/2021 dated 12.11.2021 as Annexure-Z6; b. Issue writ of Mandamus/direction directing the respondents not to demolish the buildings of the Petitioners at MG Road, Chintamani without acquiring in accordance with law and pass such other orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity." 2. The grievance of the Petitioners is that without following the due process of law and without acquiring the land of the Petitioners, the Respondents are proposing to widen the existing National Highway thereby including the land of the Petitioners. 3. Sri Reuben Jacob, learned Additional Advocate General on instructions, submits that there is no such action which is proposed to be taken by the respondents-State Authorities, inasmuch as if there is encroachment of the National Highway, the Respondents will take action to remove the encroachment in accordance with the applicable Municipal Laws. If there is a requirement to widen the existing road, then the Respondents will issue - 7 - HC-KAR NC: 2025:KHC:45662 WP No. 17605 of 2023 necessary notification for acquisition of land, and only after acquisition as per the applicable law as on the date of acquisition, would any action be taken for widening of the road. 4. The said submission of learned Additional Advocate General being fair and more than what has been sought for by the Petitioners, I am of the considered opinion that the said submission could be accepted, and by placing on record the said submission, the petition could be disposed. As such, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 41