- 1 - HC-KAR NC: 2026:KHC:1700 WP No. 32910 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32910 OF 2024 (GM-RES) BETWEEN: 1. JOHN THARIAN THALIATH S/O HORMISE THARIAN AGED ABOUT 45 YEARS 2. T H THARIAN S/O T.T. HORMISE AGED ABOUT 74 YEARS BOTH RESIDING AT NO. 002, ANNA PEARL APARTMENTS, NO. 14, KING STREET BANGALORE 560 025 KARNATAKA. …PETITIONERS (BY SRI. ANJAN DEV N.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1700 WP No. 32910 of 2024 AND: 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA BESIDE NAGASANDRA METRO STATION BENGALURU 560 073 REPRESENTED BY ITS REGIONAL OFFICER. 2. THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT NO. 609, SRI CHAMUNDESHWARI RAILWAY LAYOUT SHYADANAHALLI VILLAGE, MYSURU TALUK AND DISTRICT KARNATAKA 570 003 …RESPONDENTS (BY SMT. SHILPA G SHAH., ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION PERMANENTLY RESTRAINING THE R-1 AND 2 FROM PUTTING UP ANY CONSTRUCTION IN THE SCHEDULE PROPERTY OF THE PETITIONERS. - 3 - HC-KAR NC: 2026:KHC:1700 WP No. 32910 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners asserting ownership of lands in Sy.Nos.382/2 and 382/4 of Kannegal Village, Hangala Hobli, Gundlupet Taluk, Chamarajanagar District have sought for directions which reads as under: "Issue a Writ in the nature of Mandamus or any other appropriate direction permanently restraining the Respondent Nos.1 and 2 from putting up any construction in the Schedule property of the petitioners". Presently, a joint memo for compromise is filed by the learned counsels for the parties. When queried, Ms.Shilpa G. Shah, the learned counsel for the first and second respondents, submits that the petition indeed could be disposed of in terms of joint memo. The terms of the joint memo read as under: - 4 - HC-KAR NC: 2026:KHC:1700 WP No. 32910 of 2024 "The Petitioners and the Respondents to the instant writ petition have reached a compromise further to the proposal made by the Petitioners in October 2025 requesting National Highway Authority of India, the Respondents to shift the location of the Toilet blocks to adjacent suitable location. Subsequent to submissions of the proposal by the Petitioners to the Respondents, the Parties have negotiated and reached an understanding and have agreed to the following terms: 1. The Petitioners have provided an alternative site at Survey no 382/2 of Kannegala Village, Gundlupete Taluk, Hangala Hobli, Chamrajnagar District, Karnataka, 571 111, adjacent to the Property of the Petitioners located in Sy No. 382/2 & 382/4 of Kannegala Village, Gundlupete Taluk, Hangala Hobli, Chamrajnagar District to construct the toilet block. The alternative site is marked in red at Document No. 1 2. The Respondents have agreed to construct the toilet block at its sole cost as per their design; and 3. The Petitioners have undertaken that they shall provide a license in perpetuity to the Respondents in respect of the use of said alternative site, and 4. The Petitioners shall be solely responsible for the maintenance of the toilet block in accordance with the standards and requirement, as prescribed by the Respondents; and 5. The Petitioners shall not interfere with the Respondents and their construction of the toilet - 5 - HC-KAR NC: 2026:KHC:1700 WP No. 32910 of 2024 block in the alternative site as marked in red at Document No. 1; and 6. The Respondents shall not construct the Toilet block in location as proposed, previously. Both the parties agree to honour the terms mentioned herein above. The Petitioners and the Respondents declare that they have due authorization to sign this Memo for compromise and pray that the terms of the compromise may be taken on record in the interests of justice and equity and the writ petition be disposed of in terms thereof." The first petitioner is present and when queried, he accepts the terms of the joint memo. Therefore, the petition stands disposed of in the afore terms. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr