- 1 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103802 OF 2025 (GM-TEN) BETWEEN: ALLGOTRIP HOSPITALITY PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 2013 HAVING ITS OFFICE AT HOTEL CHAKASHA GOVINDAM, MAIN BADRINATH, HIGHWAY 65 KM MILE STONE, JUGADIGOAN, PATNGON DEVPRAYAG, TEHRI GARHWAL, UTTARAKHAND, INDIA – 549 122. REPTD BY ITS DIRECTOR, SHRI VIKRAM KOTYAL S/O. SHRI. GOVINDPRASAD KOTIYAL, AGE: 59 YRS, OCC: DIRECTOR ALGO TRIP, HOSPITALITY PRIVATE LIMITED, HAVING OFFICE AT MAIN BADRINATH HIGHWAY, NEAR NIANITAL BANK, MAHANANDA COMPLEX, TOPAVAN, RISHIKESH, UTTARAKHAND – 549 201. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY DEPT. OF TOURISM, VIDHAN SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. JUNGLE LODGES AND RESORTS LTD., GOVT. OF KARNATAKA UNDER TAKING 49, WEST WING GROUND FLOOR KHANIJA BHAVANA, RACE COURSE ROAD, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 BENGALURU - 560 001. REP. BY ITS MANAGING DIRECTOR. 3. SENIOR GENERAL MANAGER AND TENDER INVITING AUTHORITY, JUNGLE LODGES AND RESORTS LTD., 49, WEST WING, GROUND FLOOR KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 4. MANASA ADVENTURES, AMBELI VILLAGE, GANESHGUDI, TQ: JOIDA, DIST: UTTARA KANNADA – 581 186. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. JAGADEESHA B.N., ADVOCATE FOR R2 & R3; SRI. A.S.PATIL, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED TENDER NOTIFICATION BEARING NO. RFP NO. JLRL/2024-25/ SE001/ CALL-2 DATED 19.02.2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE L TO THE WRIT PETITION. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SELECTION LETTER BEARING NO. JLR:PROC:2024-25/48 DATED 15.04.2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE P TO THE WRIT PETITION. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO PERMIT AND ISSUE NECESSARY ORDER PERMITTING THE PETITIONER TO CONDUCT MID RIVER RAFTING AS PER THE LICENSE AGREEMENT DATED 09.11.2022 VIDE ANNEXURE C TO THE WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ or a Direction or an appropriate Order in the nature of certiorari quashing the impugned tender notification bearing No. RFP No. JLRL/2024-25/ SE001/ Call-2 dated 19.02.2025 issued by the 3rd respondent vide Annexure L to the writ petition. B. Issue a writ or a Direction or an appropriate Order in the nature of certiorari quashing the impugned selection letter bearing no. JLR:Proc:2024-25/48 dated 15.04.2025 issued by the 2nd respondent vide Annexure P to the writ petition. C. Issue a writ or a Direction or an appropriate Order in the nature of Mandamus directing the 2nd respondent to permit and issue necessary order permitting the petitioner to conduct mid river Rafting as per the License agreement dated 09.11.2022 vide Annexure C to the writ petition. D. Pass such other Orders and grant such other reliefs deemed fit and proper in the circumstances of the case, in the interest of justice and equity. 2. Heard learned Counsel Sri.Girish V. Bhat, appearing for the petitioner, learned AGA-Sri.T.Hanumareddy, appearing for respondent No.1, learned counsel Sri.Jagadeesha B.N., appearing for respondents No.2 and 3 and learned counsel Sri.A.S.Patil, appearing for respondent No.4. - 4 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 3. The petitioner participated in a tender notified by the respondent No.2, Jungle Lodges and Resorts Ltd., the tender inviting authority, which was notified on 25.01.2022. The tender was for a period of 2 years for long-run river rafting and short-run river rafting, which was 9 km and 4 to 5 km respectively. This became the subject matter of Writ Petition No.103171 of 2022, connected with Writ Petition No.101794 of 2022. These Writ Petitions came to be disposed after which the contract was awarded to the petitioner, albeit with certain delay. Since the delay would cut short the period of tender. The petitioner again approaches this Court in Writ Petition No.103381 of 2024, which comes to be disposed by the Co-Ordinate Bench by the following order: 1. The petitioner seeks a writ of mandamus directing Respondent No.2 to consider the representation he submitted on 01.06.2024, as detailed in Annexure-E. 2. The petitioner participated in a tender floated by Respondent No.2 for river rafting services, which included both long run and short run river rafting activities. As the successful bidder, the petitioner claims that he is entitled to a tenure of two years under the agreement. However, he alleges that Respondent No.2's delayed issuance of the work order resulted in a five-month delay in handing over the water sports activities, effectively reducing his contractual tenure. Consequently, the petitioner submitted a representation seeking an - 5 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 extension of his tenure to compensate for this delay. 3. The conduct of Respondent No.2 is found to be grossly unfair. Despite being served with notice, Respondent No.2 has not contested the petition. The allegations made by the petitioner remain unrefuted. This matter was previously adjourned on 03.07.2024 to allow Respondent No.2 time to engage a counsel. Even today, there is no representation from Respondent No.2. Given the lack of contest, the Court deems it appropriate to issue directions. Respondent No.2 is obligated to address the representation submitted by the petitioner in accordance with the law. Due to Respondent No.2's inaction, the Court issues the following orders: ORDER i) The writ petition is allowed. ii) The petitioner’s grievance regarding the reduction of the tenure under the contract due to the delayed issuance of the work order needs considerations at the hands of respondents. The Court acknowledges the petitioner's entitlement to a fair and complete tenure as initially agreed upon in the tender contract. Therefore, it is imperative that Respondent No.2 takes immediate action. iii) Respondent No.2 is hereby directed to consider the representation submitted by the petitioner in accordance with the law. This includes a thorough review of the petitioner’s claims and the circumstances surrounding the delay in issuing the work order. Respondent No.2 must address the petitioner's request for an extension of the tenure and ensure that any decisions made are fair and just, taking into account the delay and its impact on the petitioner’s contractual rights. - 6 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 iv) This exercise shall be completed within four weeks from the date of receipt of a certified copy of this order. The Court emphasizes the importance of a timely response from Respondent No.2 to avoid further prejudice to the petitioner. The petitioner is entitled to have his representation considered without unnecessary delay, ensuring that any remedial actions are implemented promptly to mitigate the effects of the previous delay. v) In view of the disposal of the petition, any pending interlocutory applications are rendered moot and are hereby disposed of accordingly. The Court notes that the resolution of the main petition effectively addresses the underlying issues, thereby negating the need for further consideration of any pending interlocutory matters. This order aims to ensure that justice is served expeditiously and that the petitioner’s rights are adequately protected. 4. Pursuant to the said order, the petitioner was permitted to continue in the tender. A fresh tender notification comes to be issued, which again becomes the subject matter of challenge before this Court in Writ Petition No.22991 of 2024, before the Principal Bench at Bengaluru. The Co-ordinate Bench passes the following order on 24.09.2024. This Court vide order dated 31.08.2024 directed the 3rd respondent to permit the petitioner to operate White Water River Rafting activities at Kali Adventure Camp, strictly in terms of the licence agreement dated 09.11.2022 till 08.11.2024. - 7 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 Learned counsel appearing for the petitioner submits that although the 2nd respondent has issued a communication permitting the petitioner to operate White Water River Rafting activities, respondents 2 and 3 are not permitting the petitioner to operate White Water River Rafting activities. Learned counsel representing respondents 2 and 3 submits that the petitioner can be permitted to operate White Water River Rafting activities with the permission of the Forest Department concerned upto 08.11.2024. Respondent No.3 is hereby directed to permit the petitioner to operate White Water River Rafting activities forthwith till 08.11.2024. 5. The Co-ordinate Bench observes that the petitioner was permitted to operate whitewater rafting activities upto 08.11.2024. As we are now approaching 08.11.2025, even if the case of the petitioner is taken that he is entitled to extension for a period of 1 year, the said term would also come to an end on 08.11.2025, which is a week later. 6. The learned counsel for the petitioner wants to project several lacunae in tender or its evaluation of tender as the case would be. The petitioner has participated in the subsequent tender notified by the respondent and has not been successful and therefore seeks to challenge the said tender. 7. In the light of the orders passed by the Co- Ordinate Bench, which binds the parties to the lis and clearly indicated that the petitioner was permitted to operate upto - 8 - HC-KAR NC: 2025:KHC-D:14775 WP No. 103802 of 2025 08.11.20.24 and the petitioner has now continued upto 08.11.2025, as also the fact that the petitioner has not emerged successful in the new tender. 8. The petition would not merit any consideration, except with an observation that the petitioner shall be permitted to operate upto 08.11.2025 and after 08.11.2025, the contract shall be hand over to the successful bidder. Ordered accordingly Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 37