IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26114 OF 2024 (GM-RES-PIL)

BETWEEN:

1. SRI BASAVARAJU G S AGED ABOUT 32 YEARS S/O SAMPANGAIAH PROFESSION AS AN ADVOCATE RESIDENT #1, GOLLARAPALYA VILLAGE SHANUMANGALA POST RAMANAGAR TALUK AND DISTRICT

2. SMT. POOJA L AGED ABOUT 26 YEARS D/O SRI. LOKESH Digitally HOUSE WIFE signed by F-68, BEL LAYOUT, 1^ST PHASE AMBIKA H B MAGADI MAIN ROAD Location:

BANGALORE - 560 091 High Court …PETITIONERS of Karnataka (BY SRI KOWSHIK B.S., ADVOCATE)

AND:

1. NATIONAL HIGHWAY AUTHORITY OF INDIA BY IT'S CGM (T) / REGIONAL OFFICER SY.13, 14^TH KM, NEAR DEEPAK BUS STOP NAGASANDRA MS RAMAIAH ENCLAVE BANGALORE - TUMKUR ROAD (NH-4)

BANGALORE - 560 073

2. UNION OF INDIA THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWANA

1, PARLIAMENT STREET NEW DELHI - 110 001 BY ITS SECRETARY

3. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3^RD FLOOR VIDHANA SOUDHA BANGALORE - 560 001

4. THE DEPUTY COMMISSIONER KRISHNARAJA BOULEVARD ROAD MYSORE DISTRICT, MYSURU KARNATAKA - 570 001

5. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT KARNATAKA ROOM NO.335

3^RD FLOOR, VIKASA SOUDHA BANGALORE - 560 001 …RESPONDENTS (BY SRI S. SUDHARSAN, ADVOCATE FOR R-1, SMT. M.S. ANUPAMA HEGDE, CGSC FOR R-2 &

SMT. SMT. NILOUFER AKBAR, AGA FOR R-3 TO R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO DECLARE AND DIRECT THE RESPONDENTS THAT THE NHAI ROAD WHICH IS NHAI TO TOLL PLAZA NAMED KN HUNDY NH766 AND NHAI TOLL PLAZA NAME YEDDORE FP, KERALA BORDER TO KOLLEGAL TOLL ROAD, MYSORE DISTRICT, KARNATAKA INDIA HELD BE UNCONSTITUTIONAL, UNAUTHORIZED AND ILLEGAL 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 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:

"1. Declare and direct the respondents that the NHAI road which is NHAI toll Plaza named KN Hundy NH766 and NHAI toll Plaza name Yeddore FP, Kerala Border to Kollegal toll road, Mysore District, Karnataka, India held be unconstitutional, unauthorised and illegal.

2. Declare and direct the respondents that the mandatory provision of service road, or bypass road or any alternative road to travel from one place to another while concerning to collection of toll fee.

3. Direct appropriative authority to penal charges against stakeholders of unconstitutional and unauthorized NHAI toll road and Toll fee being collection.

4. Direct respondents or Pass injunction order to stop collection as toll fee against use of NHAI road which is NHAI toll Plaza named KN Hundy NH766 and NHAI toll Plaza named Yeddore FP, Kerala Border to Kollegal toll road, Mysore District, Karnataka, India, until reconstruct or renovation or gives provision of Service Road or any alternative road to travelalong with contains all facilities accordance with provision of NHAI law and other law for time being in force.

5. Pass such other orders, any other writ, direction and further orders as may be deemed necessary on the facts and in the circumstances of the case in the ends of the justice."

2. It is the petitioners' case that constitutional right of the citizens is infringed by levy of toll on National Highways and in particular, National Highway connecting the City of Mysuru to Himavad Gopalaswamy Temple. The petitioners contend that levy of toll for use of highways offends Article 19(1)(d) of the Constitution of India inasmuch as it restricts free movement of the citizens. The petitioners also claim that it is mandatory for the respondents to provide a service r