Karnataka High Court
WP/19417/2026 of SRI S RAMACHANDRA Vs THE STATE OF KARNATAKA on 21 July 2026
CNR: KAHC010425862026 NC: 2026:KHC:37308-DB WP No. 19417 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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.19417 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST 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.19417 OF 2026 (GM-RES-PIL)
BETWEEN:
1.
SRI S. RAMACHANDRA
S/O. SRI. SUBANNA,
AGED ABOUT 56 YEARS,
R/AT. YEDTHARE VILLAGE,
YEDTHARE POST, KUNDAPURA TALUK,
UDUPI DISTRICT - 576 214.
2.
SRI. NARENDRA SHET
S/O. LATE K. DAYANAND SHET,
AGED ABOUT 49 YEARS,
R/AT. BANKESHWAR ROAD, BYNDOOR,
UDUPI DISTRICT 576 214.
3.
SRI. KARUNAKARA SHETTY
S/O. LATE. BACCHU SHETTY,
AGED ABOUT 55 YEARS,
R/AT. YELLORA MURKODI,
KUNDAPURA TALUK,
UDUPI DISTRICT-576 214.
…PETITIONERS
(BY SRI. NAGENDRA KUMAR K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
PUBLIC WORKS DEVELOPMENT,
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2.
THE COMMISSIONER
REGIONAL TRANSPORT OFFICE,
MANIPAL, UDUPI DISTRICT,
UDUPI - 576 104.
3.
THE DEPUTY COMMISSIONER
RAJATHADRI, MANIPAL,
UDUPI DISTRICT - 576 104.
4.
THE POLICE COMMISSIONER
UDUPI DISTRICT,
UDUPI - 576 101.
5.
THE CHIEF OFFICER
PATTANA PANCHAYATH, BYNDOOR,
UDUPI DISTRICT - 576 214.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R- TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH
COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE
RESPONDENTS
TO
STRICTLY
IMPLEMENT
NOTIFICATION
NO.RTACR 116/2004-2006 DATED 18.10.2025 ISSUED UNDER
SECTION 117 OF THE MOTOR VEHICLES ACT, 1988 READ WITH
RULE 221A(6) OF THE KARNATAKA MOTOR VEHICLES RULES, 1989, DECLARING THE AREA ADJACENT TO NATIONAL HIGHWAY
NO.66 AT BYNDOOR MAIN JUNCTION AS A "NO PARKING ZONE"
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Additional Government Advocate accepts notice for respondent Nos.1 to 4.
2. The petitioners have filed the present petition, inter alia, praying that directions be issued to the respondents to strictly implement the Notification dated 18.10.2005 issued under Section 117 of the Motor Vehicles Act, 1988 read with Rule 221A (6) of the Karnataka Motor Vehicles Rules, 1989.
3. The said notification indicates that, for the purpose of ensuring the smooth movement of the vehicles, parking of autorickshaws has been prohibited at the specified place (on the side of National Highway-17 of Byandur Main Junction, Kundapura Taluk, Udupi District). The said notification also sets out the reasons for prohibiting the parking of autorickshaws at the said junction. The translation of the operative part of the said notification reads as under:
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"Reason, considering it necessary to ban the unauthorized rickshaw stand near National Highway 17 at Byndur Main Junction in the interest of law and order and public interest, I, Mr. T. Sham Bhat, I.A.S, District Magistrate, Udupi District exercising the power conferred under Section 117 of Motor Vehicle Act, 1988 and Rule 221A (6) of Karnataka Motor Vehicle Regulation 1989,
1. Banned the auto rickshaw stand illegally established beside National Highway 17 of Byndur Main Junction. Also, ordered to install "No Parking Zone" signboard in this place.
2. Also issued this notification by providing auto rickshaw parking in the place in front of the compound of Karnataka Electricity Board beside National Highway 17. As per Section 117 of Motor Vehicle Act, 1988 and Rule 221A (6) of Karnataka Motor Vehicle Regulation 1989 (Second Amendment Rules 1990), the District Superintendent of Police Udupi, has ordered to install the necessary signboard in this regard.
The above said order will be in existence from 18-10- 2005 till issuance of further order.
This notification has been issued with my signature and seal."
4. The learned counsel for the petitioners submits that a bus stand is now being constructed near the said spot, which according to him, is in violation of the said notification.
5. A plain reading of the notification indicates that it only prohibits the parking of autorickshaws and it was decided to declare the specified area as a 'No Parking Zone. Prima facie, it
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does not prohibit the establishment of a bus stand. However, in the event the petitioners are aggrieved by the construction of the bus stand, it is open for the petitioners to approach the concerned authorities.
6. The petition is disposed of with the aforesaid observations.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 17