Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 6897 (KAR)

M/S ADSCAPE VENTURES v. THE PROJECT DIRECTOR

WP/2148/2026 · 2026-03-11

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.2148 OF 2026 (LB-RES) BETWEEN: 1. M/S. ADSCAPE VENTURES A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.33/3, ACHAPPA LAYOUT, 24TH MAIN, DEAD END ROAD, J.P. NAGAR, 7TH PHASE, BANGALORE 560 078 REPRESENTED BY ITS PARTNER, MR. BHARATH M V, S/O OF LATE VENKATA RAMANA RAJU M AGED ABOUT 34 YEARS, RESIDING AT NO.06, 24TH MAIN DEAD END, J P NAGAR, 7TH PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. NARAYANAN M.R., ADVOCATE) AND: 1. THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PIU MYSURU, NO.609, SRI CHAMUNDESWARI RAILWAY LAYOUT, METAGALLI POST, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 MYSURU TALUK AND DISTRICT-570 016. 2. THE PANCHAYATH DEVELOPMENT OFFICER, AGARA GRAMA PANCHAYATH, BANGALORE SOUTH TALUK, BANGALORE - 560 082. 3. THE STATION HOUSE OFFICER, KAGGALIPURA POLICE STATION, BANGALORE SOUTH DISTRICT. …RESPONDENTS (BY SMT. SHIPLA SHAH, ADVOCATE FOR R.1 (through V.C.) SRI. K.M. PRAKASH, ADVOCATE FOR R.2; (through V.C.) SRI. BOPANNA BELLIAPPA, AGA., FOR R.3.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENTS, THEIR OFFICERS, AGENTS, OR CONTRACTORS FROM REMOVING OR INTERFERING WITH THE PETITIONER'S ADVERTISEMENT HOARDINGS ERECTED PURSUANT TO PERMISSION GRANTED BY AGARA GRAMA PANCHAYATH DATED 01.07.2024, WITHOUT FOLLOWING DUE PROCESS OF LAW, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 ORAL ORDER 1. Petitioner is a business entity which is involved in the business of advertisement by putting up hoardings at various places. The petitioner sought permission from the second respondent-Gram Panchayat to install an advertisement board on the Elephant Corridor Bridge across National Highway-209, which falls within the territorial jurisdiction of the second respondent. The second respondent, after collecting the necessary fees, granted permission to the petitioner to install its advertisement hoardings abutting the Elephant Corridor Bridge on the National Highway-209. However, the said permission is made subject to obtaining approval from the National Highway Authorities. However, the petitioner without obtaining the necessary permission from the National Highway Authorities, put up the hoarding. Hence, action has been initiated against the petitioner to have the same removed by the authorities concerned. Aggrieved by the same, the present writ petition is filed with the following prayers:- "a) Issue a Writ of Mandamus or any other appropriate writ/order/direction restraining the Respondents, their officers, agents, or contractors from removing or interfering with the Petitioner's advertisement - 4 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 hoardings erected pursuant to permission granted by Agara Grama Panchayath dated 01.07.2024, without following due process of law; b) Declare that the Panchayath permission remains valid and enforceable unless cancelled in accordance with law; c) Direct the jurisdictional police to provide protection to the Petitioner against unlawful interference; and d) Grant such other reliefs as this Hon'ble Court may deem fit in the interest of equity and justice." 2. Learned counsel for respondent no.1-National Highways Authority of India draws the attention of this Court to a notification issued by the Government of India, Ministry of Road Transport and Highways, which is dated 07.09.2016, according to which, no advertisement hoardings are permitted on National Highways within the Right of Way, except for informatory signs of public interest such as hospitals, bus stations, and the like. It is not in dispute that the case of the petitioner is not in tune with the said policy of the National Highways and the petitioner cannot be granted permission to put up such hoardings. Under the circumstances, the petitioner is not entitled to any relief as prayed for by him. 3. Nevertheless, it is noticeable in many cases that the Government and other State authorities do not act in cohesion. - 5 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 A common man, if he wants to open any venture or do any activity, there is no one point of contact. He is made to run from pillar to post. Many a times, he will not be aware as to the permissions and licenses that he is required to obtain. This is a systematic harassment done by the Government and its Authorities. 4. In the instant case, there exists a regulation of the National Highways passed in the year 2016, which prohibits advertisement hoardings on the National Highway. Therefore the request of the petitioner could not have been granted by the State. From the petitioner's point of view, he looks at the Government and all its agencies as the State. When he approached respondent No.2-Panchayat, permission was granted to the petitioner as per Annexure-'A-2' to the writ petition which is dated 01.07.2024. However such permission should not have been granted by the Panchayat, in the light of prohibition from National Highway Authorities. But, it grants him a permission to put up a hoarding, subject to taking permission from the National Highway Authorities, after collecting money for an activity which is impermissible in law. If - 6 - HC-KAR NC: 2026:KHC:14837 WP No. 2148 of 2026 it were to be a permissible activity after obtaining the necessary permission from the National Highway Authorities, such a permission could have been given by the local panchayat. However, when the activity itself is prohibited under law, respondent No.2 could not have collected the fee and granted permission to the petitioner, as it has been done in the instant case and make it subject to the petitioner obtaining necessary permission from the National Highways Authority. There is a responsibility cast on the State and its authorities to know about the law and act accordingly. Hence the following:- ORDER i. The writ petition is hereby dismissed. ii. However, respondent no.2-Panchayat is directed to refund the fee collected by it from the petitioner within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 97