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2026 DAILYLAW 32229 (KAR)

N.S. JAGA v. STATE OF KARNATAKA

WP/4896/2025 · 2026-07-29

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010109392025 NC: 2026:KHC:39471 WP No. 4896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4896 OF 2025 (GM-RES) BETWEEN: N. S. JAGA S/O N.S.SOMAIAH, AGED ABOUT 46 YEARS, RESIDING AT RASULPURA VILLAGE, GUDDE HOSURU POST, KUSHALANAGARA HOBLI AND TALUK, KODAGU DISTRICT - 571234. …PETITIONER (BY SRI. MOHAN K N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF TOURISM, VIKASSOUDHA, VIDHANA VEEDHI, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT RIVER RAFTING MANAGEMENT AND MONITORING COMMITTEE, KODAGU DISTRICT, MADIKERI-571201 3. THE ASSISTANT DIRECTOR AND MEMBER SECRETARY, DEPARTMENT OF TOURISM, RIVER RAFTING MANAGEMENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010109392025 NC: 2026:KHC:39471 WP No. 4896 of 2025 AND MONITORING COMMITTEE, KODAGU DISTRICT, MADIKERI-571201. 4. THE ASSISTANT COMMISSIONER, MADIKERI, MADIKERI, KODAGU DISTRICT-571201. …RESPONDENTS (BY SRI. SHAMANTH NAIK., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.2 TO 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 01.02.2025 AND GRANT PERMISSION TO THE PETITIONER TO CONDUCT SIX (6) RIVER RAFTING BETWEEN HIS LANDS BEARING SY.NO.21/5 RASULPURA VILLAGE, SOMAWARPET TALUK, KODAGU DISTRICT MEASURING 2 ACRES 78 CENTS AND SY.NO.6/9 OF RESULPURA VILLAGE, KUSHALNAGARA HOBLI, KUSHALNAGARA TALUK, KODAGU DISTRICT MEASURING 10 CENTS AS REQUESTED IN THE REPRESENTATION AT ANNEXURE -H J AND K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "i) a writ of mandamus/order directing the Respondent Nos.2 to 4 to consider the Representation of the Petitioner dated - 3 - HC-KAR CNR: KAHC010109392025 NC: 2026:KHC:39471 WP No. 4896 of 2025 01.02.2025 and grant permission to the Petitioner to conduct Six (6) River Rafting between his lands bearing Sy.No.21/5, Rasulpura village, Somawarpet Taluk, Kodagu District, measuring 2 acres 78 cents and Sy.No.6/9 of Rasulpura village, Kushalnagara Hobli, Kushalnagara Taluk, Kodagu District, measuring 10 cents as requested in the Representation at Annexure H, J and K; ii) Pass such other order or direction as deems fit on the facts and circumstances of the case in the interest of justice and equity." 2. The grievance of the petitioner is that the representation of petitioner dated 01.02.2025, for grant of permission to conduct river rafting in his land bearing Survey No.21/5, situated at Rasulpura Village, Somawarpet Taluk, Kodugu District, is yet to be considered by the respondents. 3. Learned Additional Government Advocate submits that the petitioner has already been given permission to conduct two river rafting on the said lands. Even if that be so, the fact remains that the representation - 4 - HC-KAR CNR: KAHC010109392025 NC: 2026:KHC:39471 WP No. 4896 of 2025 submitted by the petitioner has not been considered and orders passed. 4. Whenever any representation is submitted by a citizen to the statutory authority, it is required for the authorities to consider the same and pass necessary orders either accepting or rejecting the representation made. In either case, it would have to be accompanied by reasons. In the present matter, the representation of the petitioner dated 01.02.2025 is pending for more than a year, which cannot be said to be a reasonable period of time. 5. In that view of the matter, this Court passes the following: ORDER (1) The writ petition is partly allowed. (2) A mandamus is issued directing respondents No.2 to 4 to consider the representation of the petitioner dated 01.02.2025 and pass - 5 - HC-KAR CNR: KAHC010109392025 NC: 2026:KHC:39471 WP No. 4896 of 2025 necessary orders within a period of 30 days from the date of receipt of a certified copy of this order. (3) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. The same would have to be considered on the basis of the applicable legal framework. Sd/- (SURAJ GOVINDARAJ) JUDGE DL List No.: 1 Sl No.: 36