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Karnataka High Court

Sri Ashok K G vs National Highway Authority Of India on 16 February, 2026

                                            -1-
                                                      NC: 2026:KHC:9392-DB
                                                     WP No. 38872 of 2025


                HC-KAR



                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 16TH DAY OF FEBRUARY, 2026

                                         PRESENT
                     THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                            AND
                          THE HON'BLE MR. JUSTICE C.M. POONACHA

                          WRIT PETITION NO. 38872 OF 2025 (GM-RES)

               BETWEEN:

               1.   SRI ASHOK K G
                    S/O GIRIYAPPAGOWDA
                    AGED ABOUT 62 YEARS
                    RESIDING AT KODATHALU,
                    KOCHAVALLI, TEKKUR,
                    SRINGERI,
                    CHIKKAMAGALUR DISTRICT-577139.

               2.   SRI. MALLAPPAHEGDE
                    S/O MARIYAPPAHEGDE
Digitally
signed by           AGED ABOUT 79 YEARS
SRIDEVI S           RESIDING AT NO. NO12,
Location:           KAPHI GARDEN, HARURU,
High Court          NEMMAR POST, SRINGERI TALUK,
of Karnataka
                    CHIKKAMAGALUR DISTRICT-577139.

               3.   SRI. B. HALAPPAGOWDA
                    S/O BELLANNAGOWDA
                    AGED ABOUT 78 YEARS
                    RESIDING AT NO.87,
                    KODATHALU, KOCHAVALLI,
                    TEKKUR, SRINGERI,
                    CHIKKAMAGALUR DISTRICT-577139.
                            -2-
                                       NC: 2026:KHC:9392-DB
                                       WP No. 38872 of 2025


 HC-KAR




4.   SRI. H.G. PUTTAPPAHEGDE
     S/O H. GUNDANNA HEDGE
     AGED ABOUT 62 YEARS
     RESIDING AT NO.209, NEMMAR ESTATE,
     NEMMAR, SRINGERI TALUK,
     CHIKKAMAGALURU DISTRICT-577139.

5.   SRI. K.M. NAGARAJA
     S/O K.V. MARIYAPPAGOWDA
     AGED ABOUT 69 YEARS
     RESIDING AT KACHODI, YADADALU,
     SRINGERI TALUK,
     CHIKKAMAGALURU DISTRICT-577139.

6.   SRI. VIJAYA.K.R.
     S/O RAMAPPAHEGDE
     AGED ABOUT 48 YEARS
     RESIDING AT KURADA MANE,
     NEMMARU, SRINGERI TALUK,
     CHIKKAMAGALUR DISTRICT-577139.



                                            ...PETITIONERS
(BY SRI. KASHINATH J D.,ADVOCATE)

AND:

1.   NATIONAL HIGHWAY AUTHORITY OF INDIA
     SY. NO. 13, 14TH KM,
     NEAR DEEPAK BUS STOP, BESIDE NAGASANDRA
     METRO STATION,
     BENGALURU-TUMKUR ROAD (NH-4)
     BENGALURU-560073.
     REPRESENTED BY ITS REGIONAL OFFICER
                            -3-
                                       NC: 2026:KHC:9392-DB
                                       WP No. 38872 of 2025


 HC-KAR



2.   SPECIAL LAND ACQUISITION OFFICER AND
     COMPETENT AUTHORITY
     NATIONAL HIGHWAYS
     K.R. CIRCLE,
     P.W.D. OFFICE BUILDING,
     BENGALURU-560001.

3.   EXECUTIVE ENGINEER
     NATIONAL HIGHWAYS-169 (OLD NH NO.13)
     NATIONAL HIGHWAY AUTHORITY OFFICER,
     SRINGERI,
     CHIKKAMAGALURU DISTRICT-577139

4.   POLICE INSPECTOR
     SRINGERI POLICE STATION,
     SRINGERI,
     CHIKKAMAGALURU DISTRICT-577139.


                                           ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R4)



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF MANDAMUS TO RESPONDENTS TO
CONSIDER THE REPRESENTATION OF THE PETITIONER
DATED 24.09.2025 AS PER ANNEXURE C AND C1 IN THE
LIGHT OF THE DIRECTION ISSUED BY THE HONBLE APEX
COURT IN THE CASE OF UNION OF INDIA VS STATE OF
GUJARATH AND OTHERS AND ETC.

      THIS PETITION, COMING ON FOR ORDERS, TH IS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                                      -4-
                                                   NC: 2026:KHC:9392-DB
                                               WP No. 38872 of 2025


 HC-KAR




CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA


                            ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioners have filed the present petition as a public interest litigation inter alia praying as under:

"i. Issue writ in the nature of mandamus to respondents No. to consider the representation of the petitioner dated:
24.09.2025 as per Annexure-C & C1 in the light of the direction issued by the Hon'ble Apex Court in the case of Union of India Vs State of Gujarath and others accordingly direct the Respondent No-2 & 3 to take action to remove the small structure erected on NH-19 at popularly called VeerappaGowda Circle, near Shringeri Town, of Chikkamagaluru District.

ii. Issue writ or order or direction to respondent No-4 police to take action pursuant to complaint dated: 01.12.2025 as per Annexure-D submitted by the Assistant Executive Engineer to National High Sub-Division, Sringeri to take action against the persons who have erected the structure on the National High Way-169 in accordance with Section 38 of the Control of National Highways [Land and Traffic] Act 2002.

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NC: 2026:KHC:9392-DB WP No. 38872 of 2025 HC-KAR iii. Issue appropriate writ or direction or any other order deems fit to the facts and circumstances of the case."

2. The petitioners state that certain persons had unauthorisedly attempted to install a statue of Sree Veerappa Gowda and Adi Shankaracharya at Veerappa Gowda Circle on NH-169. However, the authorities had prevented the concerned persons from installing the said statue. However, the base of the statue that was installed continues to remain at the said Veerappa Gowda Circle. Images of the same have also been annexed to the petition. The petitioners submit that a direction should be issued for taking action for removal of the base of the statue as well.

3. Since the concerned authorities have already taken steps in regard to preventing installation of the statute, we do not consider it apposite to entertain the present petition. Accordingly, the petition is dismissed.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE Sd/-

(C.M. POONACHA) JUDGE KS, List No.: 2 Sl No.: 17