- 1 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17242 OF 2023 (GM-RES) C/W WRIT PETITION NO. 17239 OF 2023 (GM-RES) WRIT PETITION NO. 17742 OF 2023 (GM-RES) IN WP No. 17242/2023 BETWEEN: N.S. VENKATESH S/O N.V SRINIVAS, AGED ABOUT 59 YEARS, R/AT SHRI LAKSHMI NILAYA, DOOR NO.578/556, KUNTAGUDDE ROAD BEHIND NNT ROAD, NARASHINGPET, CHINTAMANI-563 125. …PETITIONER (BY SRI. KALYAN R, ADVOCATE) AND: 1. UNION OF INDIA ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DELHI-110 001, REP BY ITS SECRETARY. 2. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS(NATIONAL HIGHWAYS ROAD), Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 M.S BUILDING, BENGALURU-560 001, REP BY ITS SECRETARY. 3. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION, NO.14/3, 4TH FLOOR, ARAVIND BHAVAN, N.T ROAD, BENGALURU-560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB DIVISION, CHIKKABALLAPUR-562 101. 5. THE CHINTAMANI CITY MUNICIPALITY DOUBLE ROAD, CHINTAMANI-563 125, REP BY COMMISSIONER. …RESPONDENTS (BY SMT. ANUPAMA HEGDE, CGSE FOR R1, SRI. MANJUNAH B.R, ADVOCATE FOR R5, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE DIRECTION PROHIBITING THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW AND ETC. IN WP NO. 17239/2023 BETWEEN: C. RAMACHANDRA S/O D.N CHIKKAVENKATAPA, AGED ABOUT 76 YEARS, M.G ROAD, CHINTAMANI-563 125 ...PETITIONER (BY SRI. VENUGOPALA G.M, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 AND: 1. THE UNION OF INDIA DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DEHLI-110 001 REP BY SECRETARY 2. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF PUBLIC WORKS(NATIONAL HIGHWAYS ZONE) M.S BUILDING, BANGALORE-560 001 REP BY SECRETARY 3. THE EXECUTIVE ENGINEER N.H DIVISION, NO 14/3, 4TH FLOOR, ARAVINDA BHAVAN, N.T ROAD, BANGALORE-560 001 4. THE ASSISTANT EXECUTIVE ENGINEER NH SUBDIVISION, CHIKKABALLAPURA-562 101 5. THE CHINTAMANI CITY MUNICIPALITY CHAIRMAN-563 125 REPTD. BY COMMISSIONER ...RESPONDENTS (BY SRI. A.C.CHETHAN, ADVOCATE FOR R1, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4, SRI. MANJUNATH B.R, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER WRIT OR DIRECTION, BY PROHIBITING THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS - 4 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW. IN WP NO. 17742/2023 BETWEEN: 1. SHRI S RAJASHEKARA S/O SRI RAMAPPA, AGED ABOUT 55 YEARS, R/AT AGRAHARA CHINTAMANI, AGRAHARA WARD NO.30 BEHIND PATALAMMA TEMPLE, AGRAHARA 1ST CROSS, CHINTAMANI-563 125 2. SHRI Y.N PRAKASH S/O SRI Y.L NAGARAJA SETTY, AGED ABOUT 70 YEARS, R/AT OPP: CORPORATION BANK WARD NO.11, BEHIND POST OFFICE ROAD, N.R EXTENSION, CHINTAMANI-563 125 ...PETITIONERS (BY SRI. KALYAN R, ADVOCATE) AND: 1. THE UNION OF INDIA ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DELHI-110 001 REP ITS SECRETARY 2. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS (NATIONAL HIGHWAY DIVISION), M.S BUILDING, BENGALURU 560001 REP ITS SECRETARY - 5 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 3. THE EXECUTIVE ENGINEER AND HIGHWAY ADMINISTRATION DEPARTMENT OF PUBLIC WORKS NATIONAL HIGHWAY DIVISION, NO 14/3, 4TH FLOOR, ARAVIND BHAVAN, N.T ROAD, BENGALURU-560 001 4. THE ASSISTANT EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS, NATIONAL HIGHWAYS SUB DIVISION, CHIKKABALLAPURA-562 101 5. THE CHINTAMANI CITY MUNICIPALITY DOUBLE ROAD, CHINTAMANI-563 125 REP BY COMMISSIONER ...RESPONDENTS (BY SRI. HARSHA P BANAD, ADVOCATE FOR R1, SRI. MOHMMED JAFFAR SHAH, AGA FOR R2 TO R4, SRI. MANJUNATH B.R, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER WRIT OR DIRECTION BY PROHIBITION THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The property owners and the persons in possession have approached this Court in all the three matters seeking for directions by this Court prohibiting the respondents from taking possession and demolishing the properties of the petitioners without due process of law. 2. It is the case of the petitioners that the properties have been built for more than 70 years. It is stated that frequently the respondent-Authorities i.e., either the Highways Authority or the Municipality Authority have been making markings on the properties of the petitioners stating that the properties constitute encroachment on public property and are required to be demolished. 3. Learned Additional Government Advocate and counsel appearing for the National Highways Authority submits that they would follow the process under law as - 7 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 regards the petitioners, if they were to take action against the petitioner’s properties. The said submission is taken on record. 4. Learned Additional Government Advocate has filed a memo along with communication by the office of the Executive Engineer, NH Division, Bengaluru addressed to the State Counsel. 5. Perusal of the same would also indicate the stand of the National Highways Authority as well that they would take action after following due process of law. It is necessary to notice that the encroachment of the public property if any, either as put forth by the National Highways Authority or the Municipal Authority would require an enquiry as provided under the relevant statutes to find out if there is an encroachment. In such duly constituted enquiry, the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property as the case may be. - 8 - HC-KAR NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023 6. It is only after such statutory exercise of power that the petitioners could be termed to be encroachers consequent to proceedings by the National Highways Authority or the Municipal Authority. The respondents authorities are at liberty to take action in accordance with law, subject to such observations. Petitions are disposed of, taking note of the stand of the respondents. 7. It is needless to state that if the enquiries are to be conducted by the respondents, in the event the case is made out by them that, there is an encroachment of public property, the petitioners and other affected persons may be afforded an opportunity of personal hearing in such enquiries. Accordingly, the petitions are disposed off subject to observations made. Sd/- (S SUNIL DUTT YADAV) JUDGE CR List No.: 1 Sl No.: 3