- 1 - HC-KAR CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21700 OF 2026 (GM-RES-PIL) BETWEEN: 1. SRI. MOHAN C.M. S/O LATE MALAPPA, AGED ABOUT 45 YEARS, RESIDENT OF HOLENARASIPURA ROAD, WARD NO.34, CHANNAPATANA HASSAN TALUK, HASSAN DISTRICT- 573201. 2. SRI. MOHAN R. S/O RAGHUPATHI RAO, AGED ABOUT 54 YEARS. RESIDING AT X-3, BEHIND CATTLE FIELD FACTORY, GANDHI NAGARA, HASSAN- 573201. …PETITIONERS (BY SMT. MEENAKSHI K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT M.S. BUILDING, BENGALURU-560 001. 3. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF ROAD, TRANSPORT AND HIGHWAYS ROOM NO.316, TRANSPORT BHAWAN SANSAD MARGH, NEW DELHI-110001. 4. THE REGIONAL OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA OFFICE AT SY NO.13, KILOMETER 14- TUMKURU ROAD NH-4, NEAR DEEPAK BUS STAND NAGASANDRA VILLAGE, BENGALURU-560073. 5. THE STATE OF KARNATAKA ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS (PWD) ROOM NO.335, 3RD FLOOR, VIKASA SOUDHA, BANGALORE-560001. 6. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573201. 7. THE COMMISSIONER, HASSAN CITY CORPORATION, HASSAN-573201. 8. THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT, HASSAN-573201. 9. THE CHIEF ENGINEER, NATIONAL HIGHWAY ZONE, - 3 - HC-KAR CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 BENGALURU. OFFICE AT PWD ANNEX BUILDING, K.R. CIRCLE, BENGALURU-560001. 10. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY SUB-DIVISION, HOLENARASIPURA, HASSAN DISTRICT-573201. 11. THE ASSISTANT EXECUTIVE ENGINEER, PANCHAYATHRAJ ENGINEERING SUB-DIVISION, HASSAN DISTRICT, HASSAN-573201. 12. THE EXECUTIVE ENGINEER, ZILLA PANCHAYATH ENGINEERING DIVISION, HASSAN-573201. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1, R-2, R-5, R-6 AND R-8; SRI. NITHIN B.M., ADVOCATE FOR SRI. A. CHANDRA CHUD, CGSC FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LICENSE AND NO OBJECTION CERTIFICATE No.AA/MANAPA/EV/AV/2025-26 DATED 14.07.2025 ISSUED BY THE 7TH RESPONDENT TO THE 11TH RESPONDENT-ASSISTANT EXECUTIVE ENGINEER, PANCHAYATH RAJ SUB-DIVISION, HASSAN VIDE ANNEXURE-P AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, praying that the No Objection Certificate [NOC] dated 14.07.2025 issued by respondent No.7 in favour of respondent No.11 be set aside. 2. The petitioners state that the said NOC has been issued for the construction of a Food Court adjoining the National Highway; the said Food Court is being constructed in an unscientific manner; and the said construction would violate the guidelines issued by the Supreme Court in the case of Re: Phalodi Accident vs. National Highways Authority of India1. 3. The photographs annexed to the present petition indicate that the Food Court is being constructed beside a flyover and therefore, is not situated in the right of way. The photographs further indicate that the traffic on the flyover would pass above the roof level of the Food Court. 1 2026 INSC 388 - 5 - HC-KAR CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 4. Considering the above, we do not consider it apposite to entertain the present petition. The same is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 10