- 1 - HC-KAR NC: 2026:KHC:28450 WP No. 17369 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17369 OF 2026 (GM-RES) BETWEEN: SMT SUMATHI W/O. SRI VIJAYA KUMAR, AGED ABOUT 76 YEARS, CHALAYURU GRAMA PANCHAYAT, PERNE POST, BANTWAL TALUK, D.K DISTRICT- …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANGALORE, NEAR CANARA BANK, BUNDER, MANGALORE, D.K DISTRICT-575001 2. THE PROJECT DIRECTOR, NHAI, NH-66, PUMPWELL, MANGALORE, D.K DISTRICT-575001 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1; SMT. SRUTI.C., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO FORTHWITH TAKE APPROPRIATE REMEDIAL MEASURES AND CONSTRUCT PROPER RAINWATER/STORM WATER ORIGINATING FROM THE CONSTRUCTION TO STRUCTURE AND WIDENING OF THE NATIONAL HIGHWAY ROAD (B.C. ROAD GUNDYA STRETCH) FROM FLOWING ONTO AND INUNDATING THE PETITIONERS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28450 WP No. 17369 of 2026 AGRICULTURAL LAND, BY CONSIDERING REPRESENTATIONS DATED 28-04-2026 THE (PRODUCED AT ANNEXURE- A AND A1 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent No.1. 2. Smt.Sruti.C., learned counsel accepts notice for respondent No.2. 3. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of Mandamus directing the Respondents to forthwith take appropriate remedial measures and construct proper structure to prevent rainwater/storm water originating from the construction and widening of the National Highway road (B.C. Road Gundya stretch) from flowing onto and inundating the Petitioner's agricultural land, by considering the representations dated 28-04-2026 (produced at ANNEXURE- A and A1) ii. Issue any other writ or order and Grant such other and further reliefs as this Hon'ble Court may deem fit, in the facts and circumstance of the case, in the ends of justice. 4. It is contending that the property of the petitioner abuts National Highway No.66 and that there is no storm water drain constructed in between the property of the petitioner and the National Highway. - 3 - HC-KAR NC: 2026:KHC:28450 WP No. 17369 of 2026 The petitioner had submitted representation on 28.04.2026 at Annexure A and A1, calling upon the respondents to do the needful. Since the water from the National Highway would flow into the property of the petitioner, depriving the petitioner of usage of the said property and photographs have also been produced indicating the water flow into the areca plantation of the petitioner which would virtually destroy the said plantation. 5. Whenever the National Highway were to plan any particular road, it would be required for the said National Highway Authority of India to plan it in such a way that the neighboring landowners are not adversely affected. And if, adversely affected and they make any representation their grievance would have to be addressed by making suitable arrangements and modifications. 6. Representation having been submitted by the petitioner on 28.04.2026 at Annexure-A and A1 has not been acted upon by respondent till date. Taking into consideration that the onset of the monsoon season, it would be required for the respondent to take necessary action at the earliest. Hence, this Court passes the following; - 4 - HC-KAR NC: 2026:KHC:28450 WP No. 17369 of 2026 ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondents to consider the representation dated 28.04.2026 at Annexure-A and A1 within a period of four weeks from date of receipt of a copy of this order. iii. Learned counsel for the petitioner is also permitted to communicate the above order to the respondent by way of an email. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 9