- 1 - HC-KAR NC: 2026:KHC:27237 WP No. 1250 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 1250 OF 2026 (LA) BETWEEN: 1. SRI B PANDURANGA KINI S/O.SURESH AGED ABOUT 50 YEARS 2. SMT.B PALLAVI P KINI W/O.PANDURANGA AGED ABOUT 57 YEARS BOTH ARE RESIDING AT "SHREE RAMANATHA" BHIMA NAGAR, 1ST CROSS ROAD, 76-BADGUBETTU BAILOOR, UDUPI- 576 101 …PETITIONERS (BY SRI. AKSHATHA SHETTY K., ADVOCATE) AND: 1. UNION OF INDIA DEPARTMENT OF TRANSPORT AND HIGHWAYS "G" 5 AND 6, SECTOR 10, DWARAKA NEW DELHI- 110 075 REP BY ITS SECRETARY, 2. STATE OF KARNATAKA PWD HARBOR AND TRANSPORT DEPARTMENT VIKAS SOUDHA, BENGALURU-560 001 BY ITS PRL SECRETARY 3. SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY, NH.169 A ASSISTANT COMMISSIONER, KUNDAPURA Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27237 WP No. 1250 of 2026 SUB-DIVISION MINI VIDHANA SOUDHA KUNDAPURA, UDUPI - 576 201. 4. THE NATIONAL HIGHWAYS AUTHORITIES OF INDIA (AN AUTHORITY CONSTITUTED UNDER NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988 G5 6, SECTOR- 10- "DWARAKA" NEW DELHI- 110 075 REPRESENTED BY ITS CHAIRMAN …RESPONDENTS (BY SRI.SHOBITH SHETTY, ADVOCATE FOR R4; NOTICE TO R1 TO R3 IS DISPENSED WITH VIDE ORDER DATED 08.06.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION UNDER SECTION 3A(1) OF THE NATIONAL HIGHWAY ACT, 1956 FOR WORK OF NATIONAL HIGHWAY NO.169(A) BY THE RESPONDENTS, VIDE NOTIFICATION S.O.NO.1598(E) DATED 02.04.2025, VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have called in question a preliminary notification issued by the respondent No.2 under Section 3A (1) of the National Highway Act, 1956 (henceforth referred to as 'the Act, 1956'). - 3 - HC-KAR NC: 2026:KHC:27237 WP No. 1250 of 2026 2. (i) It is the case of the petitioners that they are the owners of the property in survey No.255/15 situated at Kodavoor Village, Udupi Taluk, over which a commercial building is constructed. They contend that a preliminary notification under Section 3A(1) of the Act, 1956, was issued on 19.07.2021 in respect of land in survey No.255/1 owned by them and that an award was passed on 03.09.2024 and they have received a sum of Rs.45,12,042/- as compensation. (ii) Following this, the respondent No.2 has issued one more notification dated 06.05.2022, by which some portions of the property in Sy.Nos.255/16 and 255/17 were notified. Thereafter, another notification was issued on 08.12.2022, by which land in Sy.Nos.255/16 and 255/17 was notified for acquisition. (iii) Lastly, it is contended that the notification dated 02.04.2025 was issued under Section 3A(1) of the Act, 1956, proposing to acquire land belonging to the petitioners in Sy.No.255/15. The petitioners are therefore before this Court challenging the preliminary notification issued by the respondent No.2 on the ground that the land of the petitioners - 4 - HC-KAR NC: 2026:KHC:27237 WP No. 1250 of 2026 was not notified in the earlier two notifications, but is subsequently included and this is done only to protect the building of some strangers by changing the alignment. 3. It is therefore contended that the notification proposing to acquire the land of the petitioners is not bonafide, but is tainted as it is designed with an intention to protect some unknown persons. 4. Learned counsel for the respondent No.4 submitted that the petitioners have challenged the preliminary notification and no cause of action has arisen for the petitioners to approach this Court. At this stage, the learned counsel for the petitioner submitted that he would withdraw the petition and approach this Court after a final notification is issued. 5. In view of the above submissions, this petition is dismissed and withdrawn. All contentions urged by the petitioners in this petition are kept open to be urged at the appropriate stage. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 48