- 1 - HC-KAR NC: 2025:KHC-D:10363 WP No. 100214 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100214 OF 2025 (GM-RES) BETWEEN: 1. SRI HIRALAPPA S/O LAKSHMANA AGED ABOUT 48 YERS, RESIDING AT M. BASAPURA METRIKI, BALLARI DISTRICT 583115 2. SRI RAMANJINI S/O TIPPYSWAMY AGED ABOUT 47 YERS, RESIDING AT M. BASAPURA METRIKI, BALLARI DISTRICT 583115 3. SRI B RAMANNA S/O MURENNI BASANNA AGED ABOUT 52 YEARS, RESIDING AT M. BASAPURA METRIKI, BALLARI DISTRICT 583115 4. SRI HOSAGERAPPA S/O BASAPPA AGED ABOUT 42 YEARS, RESIDING AT M. BASAPURA METRIKI, BALLARI DISTRICT 583115 5. SRI PAAGADALO VINOD KUMAR S/O LATE PAGADALA SUBBANNA AGED 31 YEARS, KALAMMA STREET, D.HIREHAL ANANTAPUR (D), ANDHRA PRADESH 515872 6. SRI TALARI SURESH S/O LATE TALARI SANNAPPA AGED ABOUT 42 YEARS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10363 WP No. 100214 of 2025 7/213, KOTA COLONY, D. HIREHAL VILLAGE ANANTAPURA (D), ANDHRA PRADESH 515872 …PETITIONERS (BY SRI. KISHAN G S & SRI. MANJUNATH G.S., ADVOCATES) AND: 1. THE UNION OF INDIA R/BY UNDER/PRINCIPAL SECRETARY, MINISTER OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET NEW DELHI-110001 2. THE TECHNICAL ENGINEER (KARNATAKA) NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), G 5 AND 6 DABRI-GURUGAON ROAD, SECTOR - 10 DWARKA, DWARKA DELHI 110075 3. THE REGIONAL OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) SY.NO.13, 14TH KM NEAR DEEPAK BUS STOP, BESIDE NAGASANDRA METRO STATION, BENGALURU 560073 4. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), C-10, SHREE NILAYAM 1ST MAIN, 2ND CROSS, VIVEKANANDA ANGAR, BEHIND RTO OFFICE, HOSPET 583201 5. M/S SRC INFRA DEVELOPERS PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 7-272 KAKATEEYA RESIDENCY COURT ROAD, ANANTAPUR ANDHRA PRADESH 515001 …RESPONDENTS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE FOR R1; SRI. DORERAJ., ADVOCATE FOR R2 TO R4) - 3 - HC-KAR NC: 2025:KHC-D:10363 WP No. 100214 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR OTHER APPROPRIATE ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO 4 TO RE-DESIGN THE VEHICULAR UNDER PASS PLANNED AT D.HIREHAL VILLAGE FROM LIGHT VEHICULAR UNDER PASS (LVUP) TIO PILLARED VEHICULAR UNDER PASS (VUP), OR IN THE ALTERNATIVE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ of Mandamus or other appropriate order or direction directing the Respondent No.2 to 4 to re-design the vehicular under pass planned at D.Hirehal village from Light Vehicular Under Pass (LVUP) to Pillared Vehicular Under Pass (VUP); or in the alternative; ii. Direct the R2 to R4 authorities to meticulously consider the representations given by some of the petitioners to them vide Annexure-E to E3 dated 09.12.2024 afresh in the light of the recent Circular issued by the Government of India through the Ministry of Road Transport and Highways dated 30.01.2025 which is produced as Annexure-G to the Writ Petition. iii. Grant the costs of this Writ Petition and grant such other and further reliefs as are just and proper in the facts and circumstances of the case. - 4 - HC-KAR NC: 2025:KHC-D:10363 WP No. 100214 of 2025 2. The grievance of the petitioners is that the representations submitted by the petitioner at Annexure-E to E3 dated 09.12.2024 has not been considered in terms of the Circular issued by the Government of India through the Ministry of Road Transport and Highways dated 30.01.2025 at Annexure-G. 3. Whenever any representation has been submitted by a citizen to any Authority, it is required that the said Representation be acted upon and necessary orders be passed, either accepting or rejecting the Representation submitted in accordance with law. Needless to say, if an order of rejection is passed, the same would have to be accompanied by reasons. Neither having been done, I pass the following; ORDER i. The Writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:10363 WP No. 100214 of 2025 ii. A mandamus is issued, directing Respondents No.2 to 4 to consider the representations of the petitioners dated 09.12.2024 at Annexure E-E3 within a period of four weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 64