Yashas H P Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Yashas H P Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Directions to the respondent authorities to examine the averments made in the petition and ensure that any construction is raised strictly in accordance with the relevant statutes and bye-laws, including the norms for setbacks from State Highway road margins; the tender process was not quashed and no monetary relief was awarded.

Issue for consideration

Whether the commercial complex proposed on Government land at Mahatma Gandhi Circle, Ajjampura (a major arterial junction of State Highway SH-76 and SH-24) can be constructed without demarcation of the road boundary and the mandatory building line setbacks required under Section 7 of the Karnataka Highways Act, 1964 for property abutting a State Highway. +1 more

Court's answer

The Court directed the respondent authorities to examine the averments made in the petition and to ensure that any construction is raised strictly in accordance with the relevant statutes and bye-laws, including the norms relating to providing setbacks from the road margins of State Highways.

Ratio / Principle

The petition was disposed of with the aforesaid directions; the merits of the setback grievance and the validity of the tender were left to examination by the respondent authorities, and the tender was not quashed.

Detailed headnote1 paragraphs

Public interest litigation (Article 226, Constitution r/w Rule 14(1), HC Karnataka PIL Rules 2018) by Yashas H.P. (party-in-person) seeking certiorari to quash tender Ref. No. DMA/202526/BD/WORK_INDENT54523-CALL2 published 01/07/2026 on the KPPP portal by the Pattana Panchayathi, Ajjampura (respondent No.9), and challenging its resolution dated 29.12.2025 to construct a commercial complex/shops on Government land (Assessment Nos.290/294/1, Bukkambudi Road) at Mahatma Gandhi Circle, the junction of SH-76 and SH-24, without demarcation of the road boundary/building line and the setbacks stated to be mandatory under Section 7, Karnataka Highways Act, 1964. The Bench (Vibhu Bakhru, Chief Justice, authoring the oral order; K.S. Hemalekha, Judge) did not adjudicate the merits: it disposed of the petition directing the respondent authorities to examine the averments and ensure that any construction strictly conforms to the relevant statutes, bye-laws and State-highway setback norms. Tender not quashed; no monetary relief.

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NC: 2026:KHC:35688-DB WP No. 20975 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH 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.20975 OF 2026 (GM-RES-PIL)

BETWEEN:

YASHAS H.P. S/O PRASANNA KUMAR .C AGED ABOUT 22 YEARS, R/AT HADIKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT, CHIKKAMAGALORE-577228.

…PETITIONER

(BY SRI. YASHAS H.P., PARTY-IN-PERSON)

Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka

AND:

STATE OF KARNATAKA, REP BY ITS HON'BLE CHIEF SECRETARY,

VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.

THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.

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NC: 2026:KHC:35688-DB WP No. 20975 of 2026

HC-KAR

THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF KARNATAKA, VISHVESHWARAIAH TOWER, AMBEDKAR ROAD,

BENGALURU - 560 001.

THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, DEPUTY COMMISSIONER'S OFFICE, CHIKKAMAGALURU - 577 101.

THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION, TARIKERE TALUK,

CHIKKAMAGALURU DISTRICT - 577228.

THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHIKMAGALURU DIVISION,

CHIKMAGALURU - 577 101.

THE ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING, K.S.F.C. BUILDING, NEAR DISTRICT FIELD, NEAR HOSMANE EXTENSION ROAD, CHIKKAMAGALURU - 577 101.

THE TAHSILDAR AJJAMPURA, CHIKKAMAGALURU DISTRICT - 577 544.

THE CHIEF OFFICER PATTANA PANCHAYATHI, AJJAMPURA, AJJAMPURA TOWN AND TALUK,

CHIKKAMAGALURU DISTRICT - 577544.

…RESPONDENTS

(BY MS. NILOUFER AKBAR, AGA FOR R-1 TO R-6 & R-8)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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 CERTIORARI OR ANY OTHER

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NC: 2026:KHC:35688-DB WP No. 20975 of 2026

HC-KAR

APPROPRIATE WRIT THEREBY QUASHING THE TENDER PROCESS BEARING REFERENCE NO.DMA/202526/BD/WORK_INDENT54523-CALL2 PUBLISHED ON 01/07/2026 ON THE KPPP PORTAL BY RESPONDENT NO.9 VIDE ANNEXURE-B 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

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The learned Additional Government Advocate accepts notice for respondent Nos.1 to 6 and 8.

The petitioner has filed the present petition as a public interest litigation, inter alia, challenging the resolution dated 29.12.2025 passed by the Pattana Panchayathi, Ajjampura, Chikkamagaluru District (respondent No.9), whereby it was decided to construct a commercial complex / shops on Government land bearing Assessment Nos.290/294/1 at Bukkambudi Road, Ajjampura.

The petitioner states that the said project is being executed without demarcation of the road boundary and building line set backs, which is a mandatory requirement under Section 7 of the

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NC: 2026:KHC:35688-DB WP No. 20975 of 2026

HC-KAR

Karnataka Highways Act, 1964, for any property abutting a State Highway. It is also stated that the said land is situated at the Mahatma Gandhi Circle, a major arterial junction of State Highway SH-76 and SH-24 and if any construction carried out without leaving the mandatory set backs, the same would be hazardous. It is also stated that, without determining the road margin and providing for the necessary setbacks, no construction can be carried out.

In view of the above, we direct the respondent authorities to examine the averments made in the present petition and ensure that construction, if any, is raised, strictly in accordance with the relevant statutes and bye-laws, including the norms relating to providing setbacks from the road margins of State Highways.

The petition is disposed of with the aforesaid directions.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(K.S. HEMALEKHA) JUDGE

MBM

List No.: 2 Sl No.: 11