Karnataka High Court

WP/21700/2026 of SRI. MOHAN C. M. Vs THE STATE OF KARNATAKA on 31 July 2026

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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

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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

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