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In the High Court of Karnataka at Bengaluru

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In the High Court of Karnataka at Bengaluru 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 TH DAY OF JANUARY 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.30247 OF 2016 (GM-TEN) c/w WRIT PETITION Nos.25473-25477/2016 AND 25478-25479/2016, 30043-30045/2016 & 30734/2016 W.P.No.30247/2016 Between: Dubare Rafting Association (R) Represented by its President M.C.Damodar S/o M.S.Chinnappa Aged about 50 years R/at Rangasamudra Village and post Somawarpet Taluk Kodagu District 571 234. ... Petitioner (By:Sri Mudit Kundlia, Advocate for Sri K.N.Subba Reddy, Advocate) And: 1. State of Karnataka Represented by its Chief Secretary Vidhana Soudha Ambedkar Veedhi Bengaluru 560 001. 2. The Secretary Department of Tourism Vidhana Soudha Ambedkar Veedhi Bengaluru 560 001. 3. The Director 2 Ports and Inland Water Transport Department Karwar Uttara Kannada District 581 301. 4. The Deputy Commissioner Kodagu Madikeri Kodagu District 571 201. 5. The Assistant Commissioner Somawarpet Taluk Somawarpet Kodagu District 571 236. 6. The Tahsildar Somawarpet Taluk Somawarpet Kodagu District 571 236. 7. Nanjarayapattana Village Panchayath Represented by its Panchayath Development Officer Nanjarayapattana Kushalanagara Hobli Somawarpet Taluk Kodagu District 571 236. …Respondents (By:Sri Aditya Sondhi, Additional Advocate General a/w Smt.Prathima Honnapura, HCGP for R1 to R6 R7 – served) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned tender document vide Annexure-P and particularly in Sl.No.25 at page No.73 of Section 4 of the tender document i.e., general conditions for eligible tenderers issued by the R4 and etc. 3 W.P.Nos.25473-477/2016 & W.P.Nos.25478-479/2016 Between: 1. M.C.Damodar S/o M.S.Chinnappa Aged about 50 years R/at Rangasamudra Village and post Somawarpet Taluk Kodagu District President of Dubare Rafting Association Pin 571 234. 2. Smt.M.B.Thilakavathi W/o M.C.Damodara Aged 45 years R/at Rangasamudra Village and post Somawarpet Taluk Kodagu District 571 234. 3. Smt.B.P.Shanthi Krishnappa W/o Krishnappa Aged about 44 years. 4. C.L.Vishwa S/o late C.S.Lakshmana Aged 45 years. 5. Sri Yeshwanth C.V. S/o Vasu Aged about 40 years. 6. Sri Naveena T.T. S/o T.P.Tangappa Aged about 38 years. Petitioner Nos.3 to 6 are Residents of Nanjarayapattana post & village Dubare, Kushalanagar Hobli Somawarpet Taluk Kodagu District 571234. 4 7. Parera Changappa S/o late Appachu Aged about 75 years Ikola Village, Muranad Post Madikeri Taluk Kodagu District 571234. …Petitioners (By:Sri Mudit Kundlia, Advocate for Sri K.N.Subba Reddy, Advocate) And: 1. State of Karnataka Represented by its Chief Secretary Vidhana Soudha Ambedkar Veedhi Bengaluru 560 001. 2. The Secretary Department of Tourism Vidhana Soudha Ambedkar Veedhi Bengaluru 560 001. 3. The Director Ports and Inland Water Transport Department Karwar Uttara Kannada District 581 301. 4. The Deputy Commissioner Kodagu Madikeri Kodagu District 571 201. 5. The Assistant Commissioner Somawarpet Taluk Somawarpet Kodagu District 571 236. 6. The Tahsildar Somawarpet Taluk Somawarpet Kodagu District 571 236. 5 7. Nanjarayapattana Village Panchayath Represented by its Panchayath Development Officer, Nanjarayapattana Kushalanagara Hobli Somawarpet Taluk Kodagu District 571 236. …Respondents (By:Sri Aditya Sondhi, Additional Advocate General a/w Smt.Prathima Honnapura, HCGP for R1 to R6 R7- notice served) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent authorities not to interfere with river rafting activities carried out by the petitioners in Cauvery River Belt Area, Dubare Village, Kushalnagar Hobli, Somavarpet Taluk, Kodagu District and etc. W.P.Nos.30043-30045/2016 Between: 1. M.R.Utthappa, S/o late Ramappa, Aged about 44 years, Guddehusur Village and Post, Kushalnagar, Somwarpet Tq, Kodagu District. 2. M.S.Jadadish, S/o late Somaiah, Aged about 38 years, Bychanalli Village, Kushalnagar, Somwarpet Tq, Kodagu District. 3. Hanikumar B.G., S/o Ganesh.B, Aged about 36 years, Hosakaadu, Basavanahalli Village, Kushalnagar, Somwarpet Tq, Kodagu District. …Petitioners (By:Smt.S.Sumathi, Advocate for Sri A.M.Surya Prakash, Advocate) 6 And: 1. The State of Karnataka Chief Secretary Government of Karnataka, Bangalore 560 001. 2. The Principal Secretary Revenue Department, Government of Karnataka, Bangalore 560 001. 3. The Deputy Commissioner Kodagu District Madikeri 571 201. …Respondents (By:Sri Aditya Sondhi, Additional Advocate General a/w Smt.Prathima Honnapura, HCGP) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash Annexure – P vide notification dated 12.05.2016 passed by the R3. W.P.No.30734/2016 Between: Nangaru Somayya Jaga S/o N.S.Somaiah, Aged about 38 years, R/at Rasalpura Village, Rangasamudra Post, Kushalnagara Hobli, Kodagu District – 571 234. …Petitioner (By:Sri G.Balakrishna Shastry, Advocate) And: 1. The Deputy Commissioner, District Magistrate, Kodagu District, Madikeri – 571 201. 7 2. The Director, Department of Ports and Inland Water Transport, Karwar, District, U.K – 581 301. …Respondents (By:Sri Aditya Sondhi, Additional Advocate General a/w Smt.Prathima Honnapura, HCGP for R1 to R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the tender notification dated 12.05.2016 published by the Deputy Commissioner, Kodagu and Tender Inviting Authority, Kodagu, Madikeri at Annexure – A. These writ petitions, coming on for orders, this day, the Court made the following: O R D E R The petitioners have called into question the tender notification calling for the bids to carry out the White River Rafting and Still Water Rafting activities in Cauvery river at Dubare, Kodagu District. 2. Sri Aditya Sondhi, learned Additional Advocate General submits that these petitions have become infructuous. He submits that the two bids came to be received in response to the impugned tender notification. Both the bids are rejected on finding that they do not meet the technical eligibility. He submits that thus the proceedings initiated pursuant to the impugned tender notification stand abandoned. He indicates his 8 no objection to the petitioners’ responding to the fresh tender notification if, as and when it is issued. 3. I dismiss these petitions as having become infructuous recording the submissions of Sri Aditya Sondhi, 4. Now that the main matter itself is disposed of, the pending I.A.s are dismissed as having become unnecessary. Sd/- JUDGE Cm/- .
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