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2026 Supreme(Online)(Kar) 10259
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 13693 OF 2025 (GM-RES)
BETWEEN:
1. SRI S M THAMMANNA GOWDA S/O SRI MARIYAPPA, AGED ABOUT 70 YEARS, R/AT SANKENAPURA VILLAGE, HOLALAGUNDA POST, AMRUTHURU HOBLI, K TU U M NI K G U A R L D TA IS L T U R K IC , T - 572 111 AADHAR NO. 7375 0657 6270 D s N i i g I g R n i M t e a d A l l b y L y A 2.P S A R N I T .H AW IM A M P E T G 2 O 74 W 8N D A M D D Lo E c V a I tion:S A /G O E S D R A I B D O A U S T E G 74 O W YE D A A R , S, HIGH COURT R/AT MANTYA VILLAGE, O KA F RNATAKA H YA O D L I A Y L U A R G H UN BO D L A I , P OST KUNIGAL TALUK, TUMKUR DISTRICT - 572 111 AADHAR NO. 6450 7157 0080 PAN. ATYPT5036C …PETITIONERS
(BY SRI. MAHESH B J, ADVOCATE)
AND:
1. THE UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI - 110 001 REPRESENTED BY PRINCIPLE SECRETARY.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA SY NO.13, 14TH K M, NEAR DEEPAK BUS STOP, BESIDE NAGASANDRA METRO STATION, BENGALURU - 560073 REPRESENTED BY ITS REGIONAL OFFICER
3. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, NO.44/1, A1, 1ST MAIN, KUVEMPUR ROAD, INDIRANAGAR, SATHYAMANGALA LAYOUT, HASSAN - 573 201 REPRESENTED BY ITS PROJECT DIRECTOR.…RESPONDENTS
(BY SRI. BHEEMAIAH.K.S, CGSC FOR R1 SRI. NITYANANADA M K, ADVOCATE FOR R3)
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
Vmb, List No.: 2 Sl No.: 1
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT BY DIRECTING THE RESPONDENTS TO PROCEED WITH THE WORK OF CONSTRUCTION OF VEHICULAR UNDER PASS AT KA-(02)-273 AGRAHARA GATE ON NATIONAL HIGHWAY-75, INFURTHERANCE TO THE ENTRUSTMENT OF CONTRACT AS PER LOA DATED 15/03/2024, FOLLOWED BY THE TENDER ID 2024 NHAI 187721 1 AND COMPLETE THE SAME AT THE EARLIEST.
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:-
"Directing the respondents to proceed with the work of construction of Vehicular Underpass at KA-(02) - 273 Agrahara gate on National Highway-75, in furtherance to the entrustment of contract as per LOA dated : 15.03.2024, followed by the tender ID: 2024_NHAI_187721_1 and complete the same at the earliest"
2. It is the petitioners case that the National Highways Authority of India has decided to construct the Vehicular Underpass in few location including Agrahara Junction - KA (02) - 273 as it was considered necessary from the stand point of road safety. The petitioners state that the notice inviting tenders was also issued for construction of Vehicular Underpass and after the bidding process, the work was also awarded in favour of the contractor. However, for some reasons the construction work is stalled since the past one year. The petitioners also allege that the same is resulted in several fatal accidents.
3. The petitioners state that the residents residing in the vicinity of the spot had also made various representations.
4. In view of the above, we consider it apposite to direct the concerned respondents to consider the petitioners' representation and take such steps as considered necessary.
5. The petition is disposed of with the aforesaid observations.
6. All pending applications are also disposed of.
