DUBARE RAFTING ASSOCIATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above writ petitions are filed by the petitioner seeking to issue writ of certiorari to quash the impugned RFQ reference bearing No.DTC-KODAGU/RFQ-01/2017- 18 dated 28.06.2017, Request for Quotations (RFQ) to arrive the Bid amount to carryout White River Rafting for a period of 12 months in Cauvery River at Dubare, Somwarpet Taluk, Kodagu District, Karnataka State, issued by the fourth respondent-Deputy Commissioner, Kodagu District, Madikeri, vide Annexure-A; issue writ of mandamus directing the respondent-Authorities not to interfere with river rafting activities carried out by the Members of the Petitioner's Association in Cauvery river at Dubare of Somwarpet Taluk, Kodagu District and direct the fourth respondent to consider the Members of the Petitioner's Association representation dated 12.4.2017 vide Annexure-N.

(2.) In writ petition No.30244/2017 & & writ petition Nos.30057-30072/2019, it is the specific case of the Members of the Petitioner's Association that they have obtained the permission from the concerned Gram Panchayath on 19.8.2011 to conduct river rafting activities in Cauvery River. The third respondent-Ports and Inland Water Transport Department issued a letter dated 05.9.2011 stating that they have no objection for conducting river rafting activities and on 18.9.2015 the Fire Department has also permitted the Members of the Petitioner's Association to conduct river rafting activities. The fourth respondent conducted a meeting on 05.4.2016 at his office and decided to invite tender to conduct river rafting activities in Cauvery River, without issuing any notice and without giving an opportunity to the Members of the Petitioner's Association and the said decision was published in the daily local newspaper called "SHAKTHI" on 06.4.2016. Soon after, the Members of the Petitioner's Association have given representation dated 11.4.2016 to respondent No.4 stating that they are conducting the river rafting activities in Cauvery River by obtaining required permissions and paying taxes to the concerned Authorities and requested to reconsider his decision and permit them to continue river rafting activities. However, the fourth respondent did not consider the representation made by the Members of the Petitioner's Association.

(3.) On 12.5.2016, the fourth respondent-Authority issued E-Tender Notification bearing No.DTC/Kodagu/rafting/2016-17/1 to carry out the white river rafting activities. Aggrieved by the same, the Members of the Petitioner's Association and others filed writ petition No.30247/2016 & connected matters before this Court. The said writ petitions came to be dismissed as having become infructuous on 20.1.2017. However, the submission of the respondents in the said writ petitions has been recorded that they have no objection to the Members of the Petitioner's Association responding to the fresh tender notification if, as and when it is issued. Subsequently, on 28.6.2017, the Deputy Commissionerrespondent No.4 issued notification-Request for Quotations (RFQ) to arrive the Bid amount to carryout White River Rafting for a period of 12 months in Cauvery River at Dubare, Somwarpet Taluk, Kodagu District, Karnataka State. Hence, the petitioners are before this Court.