SRI ASHOK K G v. NATIONAL HIGHWAY AUTHORITY OF INDIA
WP/38872/2025 · 2026-02-16
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13515 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13515 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9392-DB WP No. 38872 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 38872 OF 2025 (GM-RES)
BETWEEN:
1.
SRI ASHOK K G S/O GIRIYAPPAGOWDA AGED ABOUT 62 YEARS RESIDING AT KODATHALU, KOCHAVALLI, TEKKUR, SRINGERI, CHIKKAMAGALUR DISTRICT-577139.
2.
SRI. MALLAPPAHEGDE S/O MARIYAPPAHEGDE AGED ABOUT 79 YEARS RESIDING AT NO. NO12, KAPHI GARDEN, HARURU, NEMMAR POST, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT-577139.
3.
SRI. B. HALAPPAGOWDA S/O BELLANNAGOWDA AGED ABOUT 78 YEARS RESIDING AT NO.87, KODATHALU, KOCHAVALLI, TEKKUR, SRINGERI, CHIKKAMAGALUR DISTRICT-577139.
Digitally signed by SRIDEVI S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:9392-DB WP No. 38872 of 2025
4.
SRI. H.G. PUTTAPPAHEGDE S/O H. GUNDANNA HEDGE AGED ABOUT 62 YEARS RESIDING AT NO.209, NEMMAR ESTATE, NEMMAR, SRINGERI TALUK, CHIKKAMAGALURU DISTRICT-577139.
5.
SRI. K.M. NAGARAJA S/O K.V. MARIYAPPAGOWDA AGED ABOUT 69 YEARS RESIDING AT KACHODI, YADADALU, SRINGERI TALUK, CHIKKAMAGALURU DISTRICT-577139.
6.
SRI. VIJAYA.K.R.
S/O RAMAPPAHEGDE AGED ABOUT 48 YEARS RESIDING AT KURADA MANE, NEMMARU, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT-577139.
…PETITIONERS (BY SRI. KASHINATH J D.,ADVOCATE) AND:
1.
NATIONAL HIGHWAY AUTHORITY OF INDIA SY. NO. 13, 14TH KM, NEAR DEEPAK BUS STOP, BESIDE NAGASANDRA METRO STATION, BENGALURU-TUMKUR ROAD (NH-4) BENGALURU-560073.
REPRESENTED BY ITS REGIONAL OFFICER
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HC-KAR NC: 2026:KHC:9392-DB WP No. 38872 of 2025
2.
SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS K.R. CIRCLE, P.W.D. OFFICE BUILDING, BENGALURU-560001.
3.
EXECUTIVE ENGINEER NATIONAL HIGHWAYS-169 (OLD NH NO.13) NATIONAL HIGHWAY AUTHORITY OFFICER, SRINGERI, CHIKKAMAGALURU DISTRICT-577139
4.
POLICE INSPECTOR SRINGERI POLICE STATION, SRINGERI, CHIKKAMAGALURU DISTRICT-577139.
…RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 24.09.2025 AS PER ANNEXURE C AND C1 IN THE LIGHT OF THE DIRECTION ISSUED BY THE HONBLE APEX COURT IN THE CASE OF UNION OF INDIA VS STATE OF GUJARATH AND OTHERS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, TH IS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:9392-DB WP No. 38872 of 2025
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioners have filed the present petition as a public interest litigation inter alia praying as under:
"i. Issue writ in the nature of mandamus to respondents No. to consider the representation of the petitioner dated: 24.09.2025 as per Annexure-C & C1 in the light of the direction issued by the Hon'ble Apex Court in the case of Union of India Vs State of Gujarath and others accordingly direct the Respondent No-2 & 3 to take action to remove the small structure erected on NH-19 at popularly called VeerappaGowda Circle, near Shringeri Town, of Chikkamagaluru District. ii. Issue writ or order or direction to respondent No-4 police to take action pursuant to complaint dated: 01.12.2025 as per Annexure-D submitted by the Assistant Executive Engineer to National High Sub-Division, Sringeri to take action against the persons who have erected the structure on the National High Way-169 in accordance with Section 38 of the Control of National Highways [Land and Traffic] Act
2002.
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HC-KAR NC: 2026:KHC:9392-DB WP No. 38872 of 2025
iii. Issue appropriate writ or direction or any other order deems fit to the facts and circumstances of the case."
2. The petitioners state that certain persons had unauthorisedly attempted to install a statue of Sree Veerappa Gowda and Adi Shankaracharya at Veerappa Gowda Circle on NH-169. However, the authorities had prevented the concerned persons from installing the said statue. However, the base of the statue that was installed continues to remain at the said Veerappa Gowda Circle. Images of the same have also been annexed to the petition. The petitioners submit that a direction should be issued for taking action for removal of the base of the statue as well.
3. Since the concerned authorities have already taken steps in regard to preventing installation of the statute, we do not consider it apposite to entertain the present petition. Accordingly, the petition is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE KS, List No.: 2 Sl No.: 17