Karnataka High Court
M/S Yojaka India Pvt Ltd vs Department Of Tourism on 3 March, 2025
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NC: 2025:KHC:9015-DB
WA No. 1894 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 1894 OF 2024 (GM-RES)
BETWEEN:
1. M/S. YOJAKA (INDIA) PVT. LTD.,
REPRESENTED BY MANAGING DIRECTOR
JAGADISH BOLOOR,
NO.3-28/43, ABCO TRADE CENTRE,
2ND FLOOR, N.H17,
KOTTARA CHOWKI,
MANGALORE - 575 006
...APPELLANT
(BY SRI. KIRAN S. JAVALI, SENIOR ADVOCATE FOR
SRI. B. YOGEENDRA ACHAR, ADVOCATE)
AND:
1. DEPARTMENT OF TOURISM
Digitally
signed by REPRESENTED BY ITS DIRECTOR
CHAITHRA KHANIJA BHAVANA
Location:
High Court BENGALURU - 560 001
of Karnataka
2. DEPARTMENT OF TOURISM
REGIONAL TOURIST OFFICE
MANAGALORE - 575 003
REP. BY ITS ASSISTANT DIRECTOR
3. DEPUTY COMMISSIONER AND
PRESIDENT/ CHAIRMAN DISTRICT TOURISM
DEVELOPMENT COMMITTEE,
DAKSHINA KANNADA,
MANGALORE - 575 001
-2-
NC: 2025:KHC:9015-DB
WA No. 1894 of 2024
4. THE STATE OF KARNATAKA
REPRESENTED BY
ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001
...RESPONDENTS
(BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE IN W.P. No.6633/2019 (GM-RES) DATED
12.12.2024, SUSPEND THE COST IMPOSED AND ALLOW THE WRIT
PETITION BY ALLOWING THE WRIT APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The prayer before learned Single Judge of the appellant-
original petitioner was to consider the petitioner's letter dated
08.11.2013, whereby the request of the petitioner was to extend
the lease/contract period for a further period of fifty years. It was
next prayed to set aside the tender notification dated 25.01.2019
which was published in the Daily Newspaper on 27.01.2019.
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2. Learned Single Judge noticing the relevant aspect that the
lease of the petitioner itself had expired since the same was for the
period of five years, stated that the question of seeking extension
of lease for fifty years did not arise. While the petitioner relied on
the letter of the Assistant Director, Government of Karnataka,
Tourism Department, Mangaluru Taluka, Dakshina Kannada
District, dated 08.11.2013 which recommended for extension,
learned Single Judge has directed the Principal Secretary to initiate
the inquiry and submit a report as to how the such recommendation
could be made when the lease period had expired.
3. While dismissing the petition with cost of Rs.1 lakh, the
respondent-authorities were directed to issue fresh tender
notification at the earliest and proceed thereafter in accordance
with law. The respondents were also put at liberty to claim such
losses by initiating appropriate proceedings.
4. On consideration of facts and the submissions made by
learned Senior Advocate Mr. Kiran S. Javali for learned advocate
Mr. B. Yogeendra Achar for the appellant and learned Additional
Government Advocate Mr. K.S. Harish, the court does not find any
infirmity in the order of learned Single Judge, however, imposition
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of cost of Rs.1 lakh could be said to be harsh. Therefore, the cost
part is removed and the direction to pay the cost is set aside.
5. The appeal is accordingly dismissed subject to deletion of
costs.
At this stage, learned advocate for the appellant submitted
that in the fresh tender which may be issued by the respondent-
authorities, the petitioner-appellant may be permitted to be
participated.
It is observed that the appellant may participate in such
tender process which may be initiated afresh in accordance with
law, if eligible.
In view of dismissal of the appeal, the interlocutory
applications would not survive and they stand accordingly disposed
of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
