- 1 - HC-KAR NC: 2025:KHC:52846 WP No. 2888 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2888 OF 2023 (LA-RES) BETWEEN: MRS. K.S. VEENA AGED ABOUT 51 YEARS, W/O H.L. SOMASHEKHAR, R/O OF 23/63 HALEPALYA PO, TIPTUR-572202. REP. BY POWER OF ATTORNEY HOLDER MR. H.L. SOMASHEKHAR, S/O H.S. LAKSHMAIAH, AGED 57 YEARS, R/AT 23/63, HALEPALYA PO, TIPTUR-572202. …PETITIONER (BY SRI GOUTHAM A.R., ADVOCATE) AND: 1. STATE OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560001 REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS. 2. PUBLIC WORKS DEPARTMENT, TIPTUR B.H. ROAD, REP. BY SUB DIVISIONAL OFFICER, TIPTUR-572201. …RESPONDENTS (BY SRI HARISHA A.S., AGA) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52846 WP No. 2888 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO PAY SUITABLE COMPENSATION FOR UTILIZING THE PETITIONER’S LAND WHICH IS MORE-FULLY DESCRIBED IN THE SCHEDULE BELOW TO THE EXTENT OF 2820 SQ.FT.; INITIATE PROCEEDINGS FOR ACQUISITION OF THE PETITIONERS LAND ONLY TO THE EXTENT OF UTILIZATION IN ACCORDANCE WITH LAW; DIRECTING THE RESPONDENTS TO FOLLOW THE PROCEDURE FOR ACQUISITION OF LAND AS LAID DOWN IN THE KARNATAKA HIGHWAYS ACT, 1964. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking the following prayers: “a. Directing the respondents to pay suitable compensation for utilizing the petitioner's land which is morefully described in the schedule below to the extent of 2820 sq.ft. b. Initiate proceedings for acquisition of the petitioner's land only to the extent of utilization in accordance with law. c. Directing the respondents to follow the procedure for acquisition of land as laid down in the Karnataka Highways Act, 1964. - 3 - HC-KAR NC: 2025:KHC:52846 WP No. 2888 of 2023 d. And to pass any other order or orders as this Hon’ble Court be pleased to pass under the circumstances of the case in the interest of justice and equity.” 2. The grievance of the petitioner is that a portion of the petitioner’s land has been utilized by the respondents for widening of the road, without resorting to acquisition proceedings in accordance with law. 3. It is not in dispute that, as on the date, the petitioner has not submitted a representation to the competent authority seeking compensation or initiation of acquisition proceedings as prescribed under the Karnataka Highways Act, 1964 (‘Act’ for short). 4. Having regard to the nature of grievance and the fact that no representation has been made so far, this Court is of the considered view that the ends of justice would be met by reserving liberty to the petitioner to approach the respondent-authority by way of a representation. Without expressing any opinion on the - 4 - HC-KAR NC: 2025:KHC:52846 WP No. 2888 of 2023 merits of the petitioner’s claim, the writ petition is disposed of with the following : ORDER i. The writ petition is disposed of. ii. The petitioner is granted liberty to submit a representation to respondent No.2 seeking compensation for the alleged utilization of land within a period of two weeks from the date of receipt of a certified copy of this order. iii. Upon receipt of such representation, respondent No.2 shall consider the same and pass appropriate orders in accordance with law within a period of four weeks thereafter. iv. All contentions are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 44