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2026 DAILYLAW 21745 (KAR)

SRI THARANATH ASHWATHANARAYANA v. STATE OF KARNATAKA

WP/17675/2026 · 2026-06-15

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17675 OF 2026 (GM-RES) BETWEEN: SRI THARANATH ASHWATHANARAYANA, S/O SRI. P. ASHWATHANARAYANA, AGED ABOUT 50 YEARS, RESIDING AT NO.247, 53RD 'C' CROSS, 17TH D MAIN, 3RD BLOCK, RAJAJINAGAR, BANGALORE - 560 010. …PETITIONER (BY SRI. AJITH A SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, MULTI-STORIED BUILDING, DR AMBEDKAR VEEDHI, BANGALORE - 560 001, BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 3. SUPERINTENDENT OF POLICE, BANGALORE RURAL, NO.5, OPPOSITE VIKRAM HOSPITAL, MILLERS ROAD, BENGALURU - 560 052. 4. NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), REGIONAL OFFICE AT SY. NO. 13, 14TH KM, M.S. RAMAIAH ENCLAVE, BESIDE NAGASANDRA METRO STATION, BENGALURU - TUMAKURU ROAD (NH-4), BENGALURU, KARNATAKA - 560 073, BY ITS REGIONAL DIRECTOR. 5. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, 718, 11TH CROSS, 20TH MAIN, PADMANABHA NAGAR, (NEAR DEVEGOWDA PETROL BUNK), BENGALURU, KARNATAKA - 560 070. 6. INDIAN OIL CORPORATION LIMITED, A GOVERNMENT OF INDIA UNDERTAKING, DIVISIONAL OFFICE AT INDIAN OIL BHAVAN, NO.28, 1ST FLOOR, ANJUMAN KAY ARR TOWER, P KALINGA RAO ROAD, MISSION ROAD, BANGALORE - 560 027. BY ITS REGIONAL DIRECTOR. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3; SMT.SHILPA SHAH, ADVOCATE FOR R4 AND R5; SRI.SANTOSH S NAGARALE, ADVOCATE FOR R6) - 3 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R4 AND 5 TO CONSIDER THE REPRESENTATION DATED 05.11.2025 AS PER ANNX-K AND THE COMMUNICATIONS DATED 27.04.2026 AND 20.04.2026 AS PER ANNX-P AND Q RESPECTIVELY AND ETC., THIS 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 Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. Smt.Shilpa Shah, learned counsel is directed to accept notice for respondent Nos.4 and 5. 3. Sri.Santosh S. Nagarale, learned counsel is directed to accept notice for respondent No.6. 4. The petitioner is before this Court seeking for the following reliefs; (i) issue a writ of mandamus, thereby directing Respondents 4 and 5 to consider the representation dated 05.11.2025 as per ANNEXURES K and the communications dated 27.04.2026 and 20.04.2026 as per ANNEXURES P and Q respectively; - 4 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 (ii) issue a writ of mandamus, directing Respondents 2, 3, 4 and 5 to ensure that the Petitioner is able to complete the service road connecting his fuel retail outlet established on the land bearing Survey Number 8/1 of Channapura village, Jadigenahalli Hobli, Hoskote Taluk, Bangalore Rural District to the adjoining National Highway; (iii) Grant such order relief/s as this Hon'ble Court would deem fit for grant under facts and circumstances of the present case in the interest of justice and equity. 5. The grievance of the petitioner is that the representations which have been submitted by the petitioner on 05.11.2025 at Annexure-K and 27.04.2026 and 20.04.2026 as per Annexures-P and Q respectively, have not been considered and orders passed. His submission is that since the said representations have not been considered, he is unable to complete the service road connecting his fuel retail outlet established in the land bearing Survey No.8/1 of Channapura Village, Jadigenahalli Hobli, Hoskote Taluk, Bangaluru Rural District to the adjoining National Highway. The further submission - 5 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 of Sri.Ajith A. Shetty, learned counsel for the petitioner is that the petitioner has completed 70% of the work and he is ready to complete the balance 30% subject to the representations being considered and necessary orders passed by the respondents. Whenever any representation is submitted by a citizen, it is but required for the concerned official statutory authority and or Governmental Authority to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the request made. 6. In the present case, the NHAI being a statutory authority ought to have done so within a reasonable period of time which has not been done. The representations are being pending from 05.11.2025. Hence, this Court passes the following; ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:28844 WP No. 17675 of 2026 (ii) Respondent Nos.4 and 5 are directed to consider the representation dated 05.11.2025 at Annexure-K and 27.04.2026 and 20.04.2026 as per Annexures-P and Q respectively within a period of 30 days from the date of receipt of a copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. Any orders passed by the respondents would have to be in accordance with law. (iv) Needless to say, if any of the Governmental Authorities need to provide such assistance to the NHAI, they shall provide such assistance if NHAI so requests. Sd/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 19