Karnataka High Court
Sri Nagappa vs The Union Of India on 6 February, 2025
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NC: 2025:KHC:5348-DB
WP No. 605 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 605 OF 2025 (GM-RES PIL)
BETWEEN:
1. SRI. NAGAPPA
S/O SRI. MANAPPA
AGED ABOUT 52 YEARS
R/O WARD NO.11
KANAKA NAGAR
MASKI TALUK, MASKI-584 124
RAICHUR DISTRICT.
2. SRI. VASANT KUMAR
S/O Dr. BHEEMANNA
AGED ABOUT 55 YEARS
R/O PINJAR AREA
Digitally WARD NO.12
signed by H MASKI-584 124
K HEMA RAICHUR DISTRICT.
Location:
High Court
of Karnataka 3. SRI. MODIN SAB
S/O SRI. ALLA SAB
AGED ABOUT 40 YEARS
R/O WARD NO.3
KANIVE ANJANEYA TEMPLE
MASKI - 584 124
RAICHUR DISTRICT.
4. SRI. RARAYAPPA BOUTER
S/O SRI. MALLAPPA BOUTER
AGED ABOUT 53 YEARS
R/O WARD NO.12
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WP No. 605 of 2025
MASKI-584 124
RAICHUR DISTRICT.
...PETITIONERS
(BY SRI. S.P.KULKARNI, SERNIOR ADVOCATE FOR
SRI. MANJUNATHA P.V., ADVOCATE)
AND:
1. THE UNION OF INDIA
REP. BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS, NO.1
TRANSPORT BHAWAN
PARLIAMENT STREET
NEW DELHI-110 001.
2. THE NATIONAL HIGHWAYS
AUTHORITY OF INDIA
PIU, 2ND CROSS, SATTUR COLONY
VIDYAGIRI, DHARWAD-580 004
REP. BY ITS PROJECT DIRECTOR.
3. THE STATE OF KARNATAKA,
REP. BY ITS UNDER SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT
ROOM NO.428, 4TH FLOOR
VIKASA SOUDHA, BENGALURU-560 001.
4. THE SPECIAL LAND ACQUISITION
OFFICER,
NATIONAL HIGH WAYS PWD
GOVERNMENT OF KARNATAKA
MINI VIDHANA SOUDHA
DHARWAD-580 001.
5. THE SUPERINTENDING ENGINEER
NATIONAL HIGH WAYS CIRCLE PWD
GOVERNMENT OF KARNATAKA
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WP No. 605 of 2025
D.C. COMPOUND
DHARWAD-580 001.
6. THE EXECUTIVE ENGINEER,
NATIONAL HIGH WAYS DIVISION PWD,
GOVERNMENT OF KARNATAKA
VIJAYAPURA-582 101.
7. THE ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGH WAYS SUB DIVISION PWD
GOVERNMENT OF KARNATAKA, HUNGUND
BAGALAKOT DISTRICT-587 101.
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 & R2;
SMT. NILOUFER AKBAR, AGA FOR R3 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS PERTAINING ACQUISITION OF LAND PROPOSED
FOR THE PURPOSE OF ROAD WIDENING RANGING FROM
ASHOKA CIRCLE TO BASASVESHWARA CIRCLE AT MASKI
(2KM AREA) RANGING FROM 147.07TH KM TO 149.07TH KM
FROM THE OFFICE OF SUPERINTENDING ENGINEER, NHAI,
DHARWAD AND ISSUE A WRIT OF CERTIORARI OR ANY
OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE
VERY INITIATION OF THE ACQUISITION PROCEEDINGS
PERTAINING TO WIDENING OF THE ROAD 2KM STRETCH
FROM ASHOKA CIRCLE TO BASAVESHWARA CIRCLE AT
MASKI ON THE NH-150A, ISSUED VIDE
No.LAQ/NH/Ua.Pa.Vi/150A/2023-24 DATED 29.12.2023 ISSUED
BY THE SECOND RESPONDENT AUTHORITY, BEING
ARBITRARY ERRONEOUS, UNNECESSARY AND
UNWARRANTED AND OPPOSED TO LAW EQUITY AND
JUSTICE (ANNEXURE-G) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 605 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The petitioners, four in numbers hail from Maski Town, Maski
Taluka, Raichur District who have in this public interest petition
advance the grievance about the proposed widening of road
ranging from Ashoka Circle to Basaveshwara Circle at Maski (2 km
area) ranging from 147.07th km to 149.07th km from the office of
Superintending Engineer, NHAI, Dharwad. The prayer is made to
declare that the acquisition proceedings pertaining to the widening
of the said road are arbitrary and unwarranted. It is further prayed
in the alternative to direct respondent No.4-the Special Land
Acquisition Officer, National High Ways PWD, Dharwad to decide
representation of the petitioners dated 13.11.2024.
2. Admittedly, this petition is a litigation in repeat in the very
subject matter. Earlier also public interest petition which was Writ
Petition No.10618 of 2024 filed with identical prayers which was
however withdrawn. Since the representation of the petitioners
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dated 19.12.2023 then made was pending, the petitioners wanted
to pursue the said representation.
3. It appears, as pointed out by learned Senior Advocate
Mr..S.P. Kulkarni for the petitioners that the representation was
made, on 13.11.2024 in which the National Highways Authority of
India has stated that it was not the authority to who could consider
the grievance, the issue may be taken with the department
concerned.
4. In light of that, it was shown from the record that the
petitioners have made another representation dated 13.11.2024 to
the Special Land Acquisition Officer, National Highway Authority,
Dharwad, copy of which figures on record of the petition
(Annexure-P page 234). Learned Senior Advocate for the
petitioners has confined his submission seeking a prayer that the
said authority may be directed to consider and decide the said
representation.
5. If the representation is made and pending, the request
cannot be said to be unreasonable. Respondent No.4 herein shall
decide the representation dated 13.11.2024 made by the
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petitioners strictly in accordance with law, preferably within a period
of six weeks.
6. Learned Deputy Solicitor General of India Mr. H. Shanthi
Bhushan as well as learned Additional Government Advocate
Smt. Niloufer Akbar stated that the representation will be decided in
accordance with law.
7. The petition is disposed of accordingly without expressing
any opinion on merits.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
PGG
