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2025 Supreme(Online)(Kar) 438008

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
SMT. PUSHPALATHA C S – Appellant
Versus
NATIONAL HIGHWAY AUTHORITY OF INDIA – Respondent
WP 20439/2023



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 20439 OF 2023 (GM-RES)

BETWEEN:

1. SMT. PUSHPALATHA C S

AGED ABOUT 48 YEARS,

W/O SRI. SRINIVASAMURTHY K

F-68, BEL LAYOUT,

1ST PHASE, MAGADI MAIN ROAD,

BANGALORE-560091

MOBILE NO. 9591443473

2. SRI. KOWSHIK B S AGED ABOUT 28 YEARS,

S/O SRI. SRINIVASAMURTHY K

F-68, BEL LAYOUT,

1ST PHASE, MAGADI MAIN ROAD,

Digitally signed by

JUANITA BANGALORE-560091

THEJESWINI

Location: H IGH

MOBILE NO. 9591443473

COURT OF

EMAIL ID kowshik. bs0305@gamil.com

KARNATAKA

…PETITIONERS

(BY SRI. BASAVARAJU G S., ADVOCATE)

AND:

1. NATIONAL HIGHWAY AUTHORITY OF INDIA

BY ITS CGM (T)/REGIONAL OFFICER

SY .13 14TH KM, NEAR DEEPAK BUS STOP,

NAGASANDRA, MS RAMAIAH ENCLAVE,

BANGALORE – TUMKUR ROAD (NH-4)

BANGALORE-560073 PHONE NO. 080-28397171/7156 EMAIL ID.

robangalore@nhai.org,vivekjaiswal@mhai.org

2. UNION OF INDIA THE MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS TRANSPORT BHAWANA,1, PARLIAMENT STREET, NEW DELHI-110001 EMAIL ID. ps-morth@gov.in PH NO. 23711252,23710121,237 BY ITS SECRETARY.

3. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, ROOM NO. 320, 3RD FLOOR, VIDHANASOUDHA, BANGALORE-560001 EMAIL ID. cs@karnataka.gov.in PH NO. 080-22252442

4. THE DEPUTY COMMISSIONER KRISHNARAJA BOULEVARD ROAD, MYSORE DISTRICT, MYSURU, KARNATAKA 570001 PH NO. 0821-2422302 EMAIL ID. dcmy-ka@nic.in …RESPONDENTS (BY SRI.S.SUDARSHAN, ADV. FOR R1, SRI. VINAY VENUGOPAL., CGC FOR R2 SRI. MAHANTESH SHETTAR., AGA FOR R3 & R4)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS INJUNCTION ORDER TO THE R1 TO STOP COLLECTION AS TOLL FEE AGAINST USE OF NHAI ROAD WHICH IS NHAI TOLL PLAZA NAME KN HUNDY NH 766 AND NHAI TOLL PLAZA NAME YEDDORE FP, KERALA BORDER TO KOLLEGAL TOLL ROAD, MYSORE DISTRICT, KARNATAKA, INDIA, UNTIL RECONSTRUCT OR RENOVATION OR PROVISION OF SERVICE ROAD WITH NHAI ROAD CONTAINS ALL FACILITIES ACCORDANCE WITH NHAI LAW AND OTHER LAW FOR TIME BEING IN FORCE AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, the petitioners have sought for an injunction order against respondent No.1, not to collect toll fee against the use of NHAI road between Toll Plaza viz., KN Hundy NH 766 and NHAI Toll Plaza, Yeddore FP, Kerala Border to Kollegal Toll Road, Mysuru District.

2. Heard Sri Basavaraju G.S., learned Counsel for the petitioners, Sri S.Sudharshan, learned Counsel for respondent No.1, Sri Vinay Venugopal, Central Government Counsel for respondent No.2 and Sri Mahantesh Shettar, learned Additional Government Advocate for respondents No.3 & 4.

3. Having taken note of the submissions made by the learned counsels appearing for the parties and also the order dated 31.10.2025 passed in W.P.No.26114/2024 by the Division Bench of this Court, I am of the view that, it is open for the National Highways Authority of India to collect the Toll as per the provisions under the National Highways Fee (Determination of Rates and Collection)

Rules, 2008.

4. In that view of the matter, I am of the opinion that, no interference is called for in this petition to issue an injunction order against the respondents not to collect the toll.

5. Accordingly, the writ petition is dismissed Sd/-

(E.S.INDIRESH)

JUDGE JT/-

CT: JL

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