Karnataka High Court
WP/21700/2026 of SRI. MOHAN C. M. Vs THE STATE OF KARNATAKA on 31 July 2026
CNR: KAHC010478782026 NC: 2026:KHC:40002-DB WP No. 21700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21700 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.21700 OF 2026 (GM-RES-PIL)
BETWEEN:
1.
SRI. MOHAN C.M.
S/O LATE MALAPPA,
AGED ABOUT 45 YEARS,
RESIDENT OF HOLENARASIPURA ROAD,
WARD NO.34, CHANNAPATANA
HASSAN TALUK,
HASSAN DISTRICT- 573201.
2.
SRI. MOHAN R.
S/O RAGHUPATHI RAO,
AGED ABOUT 54 YEARS.
RESIDING AT X-3,
BEHIND CATTLE FIELD FACTORY,
GANDHI NAGARA,
HASSAN- 573201.
…PETITIONERS
(BY SMT. MEENAKSHI K., ADVOCATE)
AND:
1.
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
2.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF TRANSPORT
M.S. BUILDING,
BENGALURU-560 001.
3.
THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF ROAD,
TRANSPORT AND HIGHWAYS
ROOM NO.316, TRANSPORT BHAWAN
SANSAD MARGH,
NEW DELHI-110001.
4.
THE REGIONAL OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA
OFFICE AT SY NO.13,
KILOMETER 14- TUMKURU ROAD
NH-4, NEAR DEEPAK BUS STAND
NAGASANDRA VILLAGE,
BENGALURU-560073.
5.
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS (PWD)
ROOM NO.335, 3RD FLOOR,
VIKASA SOUDHA,
BANGALORE-560001.
6.
THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN-573201.
7.
THE COMMISSIONER,
HASSAN CITY CORPORATION,
HASSAN-573201.
8.
THE SUPERINTENDENT OF POLICE,
HASSAN DISTRICT,
HASSAN-573201.
9.
THE CHIEF ENGINEER,
NATIONAL HIGHWAY ZONE,
HC-KAR
BENGALURU.
OFFICE AT PWD ANNEX BUILDING,
K.R. CIRCLE, BENGALURU-560001.
10. THE ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGHWAY SUB-DIVISION,
HOLENARASIPURA,
HASSAN DISTRICT-573201.
11. THE ASSISTANT EXECUTIVE ENGINEER,
PANCHAYATHRAJ ENGINEERING SUB-DIVISION,
HASSAN DISTRICT,
HASSAN-573201.
12. THE EXECUTIVE ENGINEER,
ZILLA PANCHAYATH ENGINEERING DIVISION,
HASSAN-573201.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1, R-2, R-5, R-6 AND R-8; SRI. NITHIN B.M., ADVOCATE FOR
SRI. A. CHANDRA CHUD, CGSC FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED
LICENSE
AND
NO
OBJECTION
CERTIFICATE
No.AA/MANAPA/EV/AV/2025-26 DATED 14.07.2025 ISSUED BY THE
7TH
RESPONDENT
TO
THE
11TH
RESPONDENT-ASSISTANT
EXECUTIVE
ENGINEER,
PANCHAYATH
RAJ
SUB-DIVISION,
HASSAN VIDE ANNEXURE-P AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
Citations and Judicial Treatment
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioners have filed the present petition as a public interest litigation, praying that the No Objection Certificate [NOC] dated 14.07.2025 issued by respondent No.7 in favour of respondent No.11 be set aside.
2. The petitioners state that the said NOC has been issued for the construction of a Food Court adjoining the National Highway; the said Food Court is being constructed in an unscientific manner; and the said construction would violate the guidelines issued by the Supreme Court in the case of Re: Phalodi Accident vs. National Highways Authority of India1.
3. The photographs annexed to the present petition indicate that the Food Court is being constructed beside a flyover and therefore, is not situated in the right of way. The photographs further indicate that the traffic on the flyover would pass above the roof level of the Food Court.
1 2026 INSC 388
HC-KAR
4. Considering the above, we do not consider it apposite to entertain the present petition. The same is dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 10