- 1 - HC-KAR NC: 2026:KHC:5994 WP No. 21616 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21616 OF 2022 (GM-RES) BETWEEN: SMT. ARCHANA D. NAYAK W/O. DR. DEEPAK NAYAK, AGED ABOUT 53 YEARS, RESIDING AT 2ND MONNANGERI, MADENADU, GALIBEEDU PANCHAYATH, MADIKERI TALUK - 571 201. …PETITIONER (BY SRI. UDAYA PRAKASH M, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB-DIVISION, MADIKERI - 571 201. 2. THE DEPUTY COMMISSIONER MADIKERI DISTRICT, KODAGU - 571 201. 3. NATIONAL HIGHWAY AUTHORITY OF INDIA, NH-275 DIVISION, MADIKERI DISTRICT, REP. BY ITS AUTHORISED OFFICER. …RESPONDENTS (BY SRI. P. PRASAD, ADVOCATE FOR GUHA ASSOCIATES FOR R1 AND R3; SMT. B. SUKANYA BALIGA, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226A AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO CONSIDER THE REPRESENTATIONS MADE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5994 WP No. 21616 of 2022 ON BEHALF OF THE PETITIONER, SEEKING TO ENSURE THE EXTENT OF ENCROACHMENT OF HER PROPERTIES AND FIXATION OF COMPENSATION IN ACCORDANCE WITH LAW, VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER On 20.01.2026, this Court passed the following order: "Learned counsel appearing for the respondent No.1 filed Memo dated 19.01.2026 enclosing about eleven documents, in which, Annexure-R11 is the Survey sketch and report of the Assistant Director of Land Records, Madikeri Taluk, Kodagu District. Perusal of the Survey sketch would indicate that, same is conducted in the presence of petitioner as well as the respondent-Authorities. It would also indicate that, no portion of the land in Survey No.26/28 of 2nd Monnangeri Village, Galibeedu Panchayat, Madikeri Taluk has been utilised for the purpose of National Highway-275. Learned counsel appearing for the petitioner on the other hand refers to Survey sketch produced by the petitioner at Annexure-H to the writ petition and contends that, in terms of the said Survey sketch produced by the petitioner, an extent of 60 cents of the land in Survey No.26/28 has been utilised for the purpose of formation of National Highway as pleaded at paragraph 5 of the writ petition. The close perusal of shara in the sketch produced by the petitioner reads as under: "3) ¸À.£ÀA. 26/28 gÀ°è ¨ÁdÄzÁgÀgÀÄ ªÀvÀÄÛªÀj ªÀiÁrgÀĪÀÅ¢®è. ºÁUÀÆ ¸ÀªÉð £ÀA§j£À°è 0.60 JPÀgÉAiÀÄ°è vÉÆgÉ ºÀjAiÀÄÄwÛzÀÄÝ CzÀ£ÀÄß---(¤Ã°) §tÚ¢AzÀ vÉÆÃj¹zÉ." - 3 - HC-KAR NC: 2026:KHC:5994 WP No. 21616 of 2022 The averments made by the petitioner at paragraph 5 of the writ petition are not in consonance with the shara No.3 of Survey sketch produced by the petitioner at Annexure-H. Learned counsel appearing for the petitioner at this juncture seeks for short accommodation to get instructions/clarification from the petitioner in this regard. List this matter for further hearing on 03.02.2026". 2. Today, learned counsel appearing for the petitioner submits that on instruction by the petitioner, it was revealed that it is not a case of acquisition or encroachment of the land belonging to the petitioner by the respondent-National Highway Authority of India, per se. However, due to the construction of retaining wall and change of its elevation, the stream which was flowing alongside the highway has changed its course and is now flowing over the property of the petitioner. He submits that perhaps this could be a case incidental to the construction of retaining wall by the National Highway Authorities, may not be the case of acquisition or encroachment as alleged. He fairly therefore submits that liberty be reserved to the petitioner to seek other remedy permissible under law. - 4 - HC-KAR NC: 2026:KHC:5994 WP No. 21616 of 2022 3. Learned counsel for the respondents are present. 4. Accepting the submission, petition is disposed of as no justiciable rights are made out in this petition invoking Article 226 of the Constitution of India. However, the petitioner is at liberty to seek such remedy as may be available and permissible under law. Sd/- (M.G.S. KAMAL) JUDGE KA, List No.: 1 Sl No.: 5