- 1 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 3438 OF 2016 (LB-RES) C/W WRIT PETITION NO. 25727 OF 2017 (LB-RES) WRIT PETITION NO. 25728 OF 2017 (LB-RES) WRIT PETITION NO. 25730 OF 2017 (LB-RES) IN WA NO. 3438/2016 BETWEEN: 1. SRI C V NAGARAJ S/O LATE S VEERANNA, AGED ABOUT 50 YEARS, R/AT NEHRU CIRCLE, PAVAGADA ROAD, CHALLAKERE CITY, CHALLAKERE TALUK-577522, CHITRADURGA DISTRICT, CHITRADURGA. 2. SRI C V RAMESH S/O LATE S VEERANNA, AGED ABOUT 48 YEARS, R/AT NEHRU CIRCLE, PAVAGADA ROAD, CHALLAKERE CITY, CHALLAKERE TALUK-577522, CHITRADURGA DISTRICT, CHITRADURGA. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER 3. SMT. J B PARVATHAMMA W/O LATE MAHABALESHAPPA, AGED ABOUT 60 YEARS, BY THE SIDE OF KHADARBASHA HOUSE, NEAR MINERVA CONVENT, NGO COLONY, T.R.NAGARA, CHALLAKERE-577522, CHITRADURGA DISTRICT, CHITRADURGA. 4. SRI MALLIKARJUNAPPA S/O LATE MAHABALESHAPPA, AGED ABOUT 35 YEARS, BY THE SIDE OF KHADARBASHA HOUSE, NEAR MINERVA CONVENT, NGO COLONY, T.R.NAGARA, CHALLAKERE-577522, CHITRADURGA DISTRICT, CHITRADURGA. 5. SRI G ANANTHASHETTY S/O GOVINDASHETTY, AGED ABOUT 78 YEARS, VASAVI BAKERY, PAVAGADA ROAD, CHALLAKERE-577522, CHITRADURGA DISTRICT, CHITRADURGA. 6. SMT. ANUSUYAMMA SINCE DEAD BY LRS: APPELLANT NOS.5, 7 AND 8 ARE THE LRS OF DECEASED APPELLANT NO.6 (VIDE COURT ORDER DATED 17.08.2026) 7. SRI A VIJAYAKUMAR W/O G ANANTHASHETTY, AGED ABOUT 48 YEARS, - 3 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER VASAVI BAKERY, PAVAGADA ROAD, CHALLAKERE-577522, CHITRADURGA ROAD, CHITRADURGA. 8. SRI A RAJKUMAR S/O G ANANTHASHETTY, AGED ABOUT 42 YEARS, VASAVI BAKERY, PAVAGADA ROAD, CHALLAKERE-577522, CHITRADURGA ROAD, CHITRADURGA. …APPELLANTS (BY SRI B.M.SIDDAPPA, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. B R AMBEDKAR ROAD, BANGALORE-560001, BENGALURU CITY. 2. PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, DR.B R AMBEDKAR ROAD, BANGALORE-560001, BENGALURU CITY. 3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501, CHITRADURGA. - 4 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER 4. THE STATE HIGHWAY AUTHORITY CHALLAKERE SUB-DIVISION, CHITRADURGA, REPRESENTED BY ITS EXECUTIVE ENGINEER, CHITRADURGA-577501, CHITRADURGA. 5. THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA-577501, CHITRADURGA. 6. THE COMMISSIONER CITY MUNICIPAL COUNCIL, CHALLAKERE-577522, CHITRADURGA. …RESPONDENTS (BY SRI N BYRE GOWDA, AGA FOR R1 TO R3; SRI SURYADEV R, ADVOCATE FOR SMT. BHAVANA G K, ADVOCATE FOR R6; R5 SERVED; SERVICE OF NOTICE TO R4 HELD SUFFICIENT VIDE ORDER DATED 11.04.2019) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.39840-847/2016 DATED 26.08.2016. IN WP NO. 25727/2017 BETWEEN: 1. SRI A VENKATESH GUPTA S/O ANANTHASETTY, AGED ABOUT 49 YEARS, 1ST CROSS, OLD TOWN, - 5 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER PAVAGADA ROAD, CHALLAKERE - 577522, CHITRADURGA DISTRICT. ...PETITIONER (BY SRI B.M.SIDDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, M.S.BUILDING, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501. 3. THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA - 577501. 4. THE COMMISSIONER CHALLAKERE CITY MUNICIPALITY, CHALLAKERE - 577522, CHITRADURGA DISTRICT. ...RESPONDENTS (BY SRI N BYRE GOWDA, AGA FOR R1 TO R3; SRI PRAKASH V ANGADI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.4 ON 05.07.2016 VIDE ANNEXURE-J AND ETC. - 6 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER IN WP NO. 25728/2017 BETWEEN: 1. SRI K N SRINIVAS S/O KASHI NARAYANA, AGED ABOUT 56 YEARS, R/AT OPP. TO JAYARAM TALKIES, PAVAGADA ROAD, CHALLAKERE, CHITRADURGA-577522. ...PETITIONER (BY SRI B.M.SIDDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, M.S.BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA 3. THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA-577501. 4. THE COMMISSIONER CHALLAKERE CITY MUNICIPALITY, CHALLAKERE-577 522, CHITRADURGA DISTRICT. ...RESPONDENTS (BY SRI N BYREGOWDA, AGA FOR R1 TO R3; SRI PRAKASH V ANGADI, ADVOCATE FOR R4) - 7 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED BY RESPONDENT NO.4 DATED 06.01.2016 VIDE ANNEXURE-D AND ETC. IN WP NO. 25730/2017 BETWEEN: 1. SMT. PADMAVATHAMMA SINCE DEAD BY LRS 1(a) SUNDARAMMA W/O ANJANEYULU, D/O LATE G MALLAPPA SETTY, AGED ABOUT 63 YEARS, R/O 4-55, RALLAPALLI, RALLAHALLI, ANANTAPUR, ANDHRA PRADESH-515305. 1(b) P.M.MANJUNATHA SETTY S/O LATE G MALLAPPA SETTY, AGED ABOUT 61 YEARS, R/O #157, 19TH WARD, S.R.ROAD, 4TH CROSS, BOMBY TAILOR, NEAR GANDINAGAR, CHALLAKERE, CHITRADURGA DISTRICT-577522. 1(c) SHOBHA RANI W/O KONDA GOVINDAIAH GARI LAKSHMI KANTH, D/O LATE G MALLAPPA SETTY, AGED ABOUT 59 YEARS, R/O 6-4-66, RALLAPALLI, RALLAHALLI - 8 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER ANANTAPUR, ANDHRA PRADESH-515305. (IMPLEADED V/O DATED 17.08.2026) ...PETITIONERS (BY SRI B.M.SIDDAPPA, ADVOCATE FOR APPELLANT NO.1[a TO c]) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, M.S.BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501. 3. THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA-577501. 4. THE COMMISSIONER CHALLAKERE CITY MUNICIPALITY, CHALLAKERE-577522, CHITRADURGA DISTRICT. ...RESPONDENTS (BY SRI N BYRE GOWDA, AGA FOR R1 TO R3; SRI PRAKASH V ANGADI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.4 ON 05.07.2016 VIDE ANNEXURE-K AND ETC. - 9 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER WRIT APPEAL AND WRIT PETITIONS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. W.A.No.3438/2016 has been filed impugning the judgment and order dated 26.08.2016 passed by the learned Single Judge in W.P.Nos.39840-847/2016 whereas, W.P.Nos.25727/2017 and 25730/2017 have been filed seeking to quash the order dated 05.07.2016 and W.P.No.25728/2017 has been filed challenging the notice dated 06.01.2016, all issued by the Commissioner, Challakere City Municipality in respect of demolition of the properties for widening of State Highway No.48. 2. It is stated that the petitioners have constructed the houses and shops much before the Karnataka State Highways Act, 1964 came into force. It appears that the State Authorities want to widen the road without making payment of compensation to the persons including the petitioners in - 10 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER respect of their properties which are to be demolished for widening of the road. 3. The stand of the Authorities that the construction of houses and shops were made by the petitioners in violation of the provisions of the State Highways Act, 1964 does not have any leg to stand inasmuch as the said Act has come into force in the year 1964 whereas, the constructions were made much prior to that. Therefore, if the State Authorities want to widen the road, they have to acquire the properties/lands in accordance with the law, by making payment of due and reasonable compensation on time to the persons whose properties would be acquired for widening the road. Without proper acquisition, the State Authorities cannot demolish the buildings and structures constructed by the petitioners on the ground that they have been constructed in violation of the provisions of the State Highways Act, 1964. 4. We, therefore, dispose of the writ appeal and the writ petitions with liberty to the State Government to acquire the properties/lands, if they are coming on the way, for widening of the road in State Highway No.48 after making payment of due - 11 - HC-KAR CNR: KAHC010118282016 NC: 2026:KHC:44314-DB WA No. 3438 of 2016 C/W WP No. 25727 of 2017 WP No. 25728 of 2017 AND 1 OTHER and reasonable compensation to the persons whose properties would be acquired, in accordance with the provisions of the said Act. In view of disposal of the appeal and the writ petitions, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BKV CT:SN List No.: 1 Sl No.: 19