Karnataka High Court
Netrani Adventures By Its Proprietor vs The State Of Karnataka on 8 February, 2024
Author: S G Pandit
Bench: S G Pandit
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WA No. 100025 of 2024
C/W WA No. 100027 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
WRIT APPEAL NO. 100025 OF 2024 (GM-TEN)
C/W
WRIT APPEAL NO. 100027 of 2024
IN WA NO.100025/2024
BETWEEN:
NETRANI ADVENTURES ,
BY ITS PROPRIETOR,
SHRI. GANESH HARIKANTH,
S/O. MANJUNATH HARIKANTH,
AGE: 40 YEARS,
OCC: BUSINESS,
SONARKERI MAVALI,
1ST MURUDESHWAR,
CHANDRASHEKAR TQ: BHATKAL,
LAXMAN
KATTIMANI DIST: UTTAR KANNADA-581350.
Digitally signed by
CHANDRASHEKAR
...APPELLANT
LAXMAN KATTIMANI
Date: 2024.02.13 (BY SRI. M. S. BHAGWAT, SENIOR COUNSEL FOR
14:52:35 +0530
SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
DEPARTMENT TOURIST,
VIKAS SOUDHA,
BENGALURU-560001.
2. DEPUTY COMMISSIONER AND PRESIDENT
OF DISTRICT TOURISM DEVELOPMENT
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NC: 2024:KHC-D:2773-DB
WA No. 100025 of 2024
C/W WA No. 100027 of 2024
COMMITTEE, KARWAR-581301,
DIST: UTTAR KANNADA.
3. DEPUTY DIRECTOR AND MEMBER
SECRETARY OF DISTRICT TOURISM
DEVELOPMENT COMMITTEE,
KARWAR-581301,
DIST: UTTAR KANNADA.
...RESPONDENTS
(BY SRI. GANGADHAR J. M., ADDL. ADVOCATE GENERAL FOR
SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENTS)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN
W.P.NO.100525/2024 ON THE FILE OF THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT AND SET ASIDE THE FINAL ORDER DATED
31.01.2024 IN SO FAR AS NOT CONTINUE SCUBA DIVING
ACTIVATES TILL WORK ORDER TO ISSUE IN FAVOUR OF
SUCCESSFUL BIDDER, PASSED BY THE LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT BY DISMISSING THE W.P.NO.100525/2024 AS
PRAYED FOR THEREIN IN THE INTEREST OF JUSTICE AND EQUITY.
IN WA NO.100027/2024
BETWEEN:
THE REEF ADVENTRURES,
BY ITS PROPRIETOR,
SRI. ABU ZUHEB,
S/O. MOHAMMED SALEEM HEGDE,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. "THE REEF ADVENTURES",
D.NO.411, NEAR V.R.TEMPLE,
POST OFFICE ROAD, MAVALLI-1,
MURDESHWAR, BHATKAL TALUK,
UTTARA KANNADA DISTRICT,
KARNATAKA-581350.
...APPELLANT
(BY SRI. M. L. VANTI, ADVOCATE FOR
SRI. V. M. SHEELVANT, ADVOCATE)
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WA No. 100025 of 2024
C/W WA No. 100027 of 2024
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF TOURISM,
R/BY IT'S SECRETARY,
VIKAS SOUDHA,
BENGALURU-560001.
2. DEPUTY COMMISSIONER AND
PRESIDENT OF DISTRICT TOURISM
DEVELOPMENT COMMITTEE,
KAWAR-581301,
DIST: UTTAR KANNADA.
3. DEPUTY DIRECTOR AND MEMBER
SECRETARY, DISTRICT TOURISM
DEVELOPMENT COMMITTEE,
KARWAR-581301,
DIST: UTTARA KANNADA.
...RESPONDENTS
(BY SRI. GANGADHAR J. M, ADDL. ADVOCATE GENERAL FOR
SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN
W.P.NO.100576/2024 ON THE FILE OF THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT AND SET ASIDE THE ORDER DATED
31.01.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.100576/2024 IN SO FAR NOT ALLOWING THE APPELLANT TO
CARRY OUT SCUBA DIVING ACTIVITIES IN NETRANI ISLAND TILL
FINALIZATION OF TENDER PROCESS AND ISSUANCE OF WORK
ORDER IN THE INTEREST OF THE JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:
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WA No. 100025 of 2024
C/W WA No. 100027 of 2024
JUDGMENT
Both the above intra Court appeals are filed against
common order dated 31.01.2014 in W.P.No.100576/2024
c/w W.P.No.100525/2024.
2. Heard learned senior counsel Sri M.S.Bhagwat for
learned counsel Smt.Vidyavati M.Kotturshettar for appellant
in W.A.No.100025/2024 and learned counsel Sri M.L.Vanti
for learned counsel Sri V.M.Sheelvant for appellant in
W.A.No.100027/2024 and learned Addl. Advocate General
Sri Gangadhar J.M., for respondents in both the writ appeals.
Perused the writ appeal papers.
3. The parties to the above appeals would be
referred to as they stand before the writ Court. Before the
writ Court, appellants were petitioners and respondents were
respondents.
4. Petitioners approached this Court in
W.P.No.100576/2024 c/w W.P.No.100525/2024 with a
prayer to quash the notice issued intimating that the tender
period would come to an end on 23.01.2024 and intimated
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the petitioners to stop scuba diving activity from 24.01.2024.
Learned Single Judge after hearing the parties to the
proceedings under impugned order rejected the writ petitions
and passed the following order:
i) Both the writ petitions are dismissed on account
of the submission and undertaking of the learned
Additional Advocate General.
ii) Respondent Nos.2 and 3 are directed to issue a
necessary tender notification within 7 days from
today and complete the entire process within 30
days thereafter. Since, the order is passed in the
presence of learned Additional Advocate General,
the learned Additional Advocate General is
directed to inform the concerned about the
present order, who shall act on the same without
insisting on a copy of the order/certified copy
thereof.
5. Learned Single Judge in view of the fact that the
period for which the scuba diving activity was entrusted to
the petitioners has come to an end, directed the respondent-
authorities to issue necessary tender notification within
seven days by holding that there is no right in favour of the
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petitioners to carry on work under said expired order or
tender.
6. Learned senior counsel as well as learned counsel
appearing for petitioners would submit that the petitioners
be continued and they be permitted to carry on scuba diving
activity till new tender is floated and work order is issued to
the successful tenderer in pursuance to new tender that
would be issued by respondents. They submit that by virtue
of interim order, they continued scuba diving activity and
therefore, they submit till the fresh work order is issued,
they be permitted to continue the scuba diving activity.
7. Per contra, learned Addl.Advocate General (AAG)
would submit that petitioners have no right whatsoever
subsequent to completion of their tender period. Further,
learned AAG would submit that fresh tender notification is
issued on 05.02.2024 and the same would be finalized within
a month as undertaken. He submits that 22nd February 2024
is the last date for submitting the tender and on 23rd of
February 2024, technical bid would be opened. Thus, he
would pray for dismissal of the writ appeals.
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8. Having heard learned counsel for the parties and
on perusal of the writ appeal papers, we are of the view that
the petitioners have no right whatsoever to continue with
scuba diving activity after completion of their tender period.
It is seen that the petitioners were awarded tender for scuba
diving activit at Netrani Island, Murdeshwar, Bhatkal Taluk
for the tender period from 24.01.2022 to 23.01.2024. It is
an admitted fact that the tender period of petitioners came
to an end on 23.01.2024. After completion of their tender
period, petitioners have no right whatsoever to seek
continuation or extension of their tender period. The
petitioners have not shown how the contract would enable
them to seek for extension. It is also a fact that the
respondent-authorities have issued fresh tender notification.
It is open for the petitioners to participate in the new tender
process. Learned AAG has submitted that the scuba diving
activity has not come to a halt at Netrani Island Murdeshwar,
Bhatkal Taluk as out of four, two other agencies which are
entrusted with scuba diving activity are continued in
pursuance to other tender notification.
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9. With the above, writ appeals stand disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
