Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14969 (KAR)

SHRI ARVIND BHIMBHAT PUJAR v. THE UNION OF INDIA

WP/103690/2025 · 2026-02-06

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:1776 WP No. 103690 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 103690 OF 2025 (LA-RES) BETWEEN: SHRI. ARVIND BHIMBHAT PUJAR AGE: 50 YEARS, OCC: PRIEST, R/O. CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOT-587 201. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1, SANSAD MARG, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY. 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA AN AUTHORITY CONSTITUTED UNDER THE NATIONAL HIGHWAYS ACT, HAVING ITS CORPORATE HEAD OFFICE AT G 5 AND 6, DABRI-GURGAON ROAD, SECTOR 10 DWARKA, DWARKA, DELHI-110075, REPRESENTED BY ITS DIRECTOR. 3. THE PUBLIC IMPLEMENTATION UNIT NATIONAL HIGHWAY AUTHORITY OF INDIA, RAJATAGIRI, GANDHINAGAR, DHARWAD-580004. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:30:30 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1776 WP No. 103690 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB-DIVISION, TQ: YALBURGA, DIST: KOPPAL-583236. 5. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS, MINI VIDHANA SOUDHA, DHARWAD-580008. 6. THE CHIEF ENGINEER NATIONAL HIGHWAYS DIVISION, GOVERNMENT OF KARNATAKA, SECOND FLOOR, PWD ANNEXE BUILDING, BEHIND TREASURY OFFICE, K.R.CIRCLE BENGALURU-560001. …RESPONDENTS (BY SRI. M.B.KANAVI, ADVOCATE FOR R1; SRI. B.P.MATHAPATI, ADVOCATE FOR R2 AND R3; SRI. PRAVEEN K.UPPAR, AGA FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION FOR ACQUISITION ISSUED BY RESPONDENT NO. 1 DATED 08/12/2023 AND 18/01/2024 VIDE ANNEXURE-B AND ANNEXURE-C IN SO FAR AS PETITION PROPERTY I.E., RS NO. 161 IS CONCERNED; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO STOP THE ACQUIRING OF LAND AND WIDENING OF ROAD IN SO FAR AS PETITION PROPERTY I.E., RS NO. 161 IS CONCERNED AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1776 WP No. 103690 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking the reliefs: a. Issue a Writ of Certiorari quashing the Impugned Notification for acquisition issued by Respondent No. 1 dated 08/12/2023 and 18/01/2024 vide Annexure-B and Annexure- C in so far as Petition Property i.e., RS No. 161 is concerned. b. Issue a writ of Mandamus directing the Respondents to stop the acquiring of land and widening of Road in so far as Petition Property i.e., RS No. 161 is concerned. c. Pass any such other orders that this Hon'ble Court may deem fit to in meeting the ends of justice and equity. 2. The Assistant Executive Engineer, National Highway Sub-Division, Yelburga, Dist.Koppal, has filed an affidavit. In paragraphs Nos.4 and 5 of the affidavit, it is stated as under: “4. I state that, as per the requirements of the Devastana Committee, the respondents authorities have taken steps for smooth movement of religious chariot / rathothsava. - 4 - HC-KAR NC: 2026:KHC-D:1776 WP No. 103690 of 2025 The road is mound (height) for which it would be impediments for pulling religious chariot. For which, the respondent authorities has taken steps to reduce Road level for religious processions for which there is no effect to the petitioners or public in pulling the chariot. 5. I state that, as the prayer of the petitioner is to change the alignment of the road and they have made a representation to the SLAO. Since the widening of the Road and alignment is fixed by the Ministry of Road Transport and Highways, New-Delhi and to that effect, they have approved the map also. Therefore, now alignment cannot be changed. But grievance of the petitioner is to be addressed by forming road to enable easy / smooth movement of chariot. Moreover, acquisition proceedings are completed and substantial part of the forming / widening of the road is also carried out. Now, only the junction and laying of one more layer is remained. Therefore the widening of the road would be completed considering the grievance of the petitioner for smooth movement of the religious chariot only.” 3. The said affidavit is taken on record. - 5 - HC-KAR NC: 2026:KHC-D:1776 WP No. 103690 of 2025 4. Learned counsel for the petitioner submits that in view of the undertaking given in the affidavit, the writ petition may be disposed of in terms thereof. 5. Having regard to the affidavit filed by the Assistant Executive Engineer, National Highway Sub-Division, Yelburga, Dist.Koppal, undertaking to modify the road level and form the road suitably to ensure smooth movement of the religious chariot, the grievance of the petitioner thus stands substantially redressed by the assurance given by the authorities. 6. In view of the categorical undertaking placed on record, and the submission of the learned counsel for the petitioner, no further adjudication on merits is required. Accordingly, the writ petition stands disposed of in terms of the affidavit filed. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 1