IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12829 OF 2018 (GM-RES) BETWEEN:
DUBARE RAFTING ASSOCIATION (R) REPRESENTED BY ITS PRESIDENT, KRISHNAPPA, S/O LATE SHANAKAPPA, AGED ABOUT 59 YEARS R/AT DUBARE ROAD, NANJARAYAPATNA VILLAGE, SOMAWARPET TALUK KODAGU DISTRICT-571234 … PETITIONER (BY SRI.PULAKESHI A.P., ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE SECRETARY DEPARTMENT OF TOURISM, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-01 3. THE DIRECTOR PORTS AND INLAND WATER TRANSPORT DEPARTMENT, KARWAR, UTTARA KANNADA DISTRICT-581301 4. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571201 5. THE ASSISTANT COMMISSIONER SOMAWARPET TALUK SOMAWARPET KODAGU DISTRICT-571236 6. THE TAHSILDAR SOMAWARPET TALUK SOMAWARPET KODAGU DISTRICT-571236 7. NANJARAYAPATTANA VILLAGE PANCHAYATH, REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER, NANJARAYAPATTANA, KUSHALANAGARA HOBLI, SOMAWARPET TALUK KODAGU DISTRICT-571236 … RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R1 TO R6; R7 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT 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 SOMAVARAPET TALUK, KODAGU DISTRICT, KARNATAKA STATE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to 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 Somavarapet Taluk, Kodagu District, Karnataka State.
2. On perusal of the records, I deem it appropriate to dispose of the writ petition with liberty to the petitioner that in case a fresh representation is made by them to the competent authority with regard to their grievance within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such representation. Ordered accordingly.
3. Ad-interim order, if any, shall continue till the representation to be filed by the petitioner is considered by the competent authority.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-