Karnataka High Court
WP/29120/2026 of M/S TULAJA BHAVANI STONE CRUSHER Vs THE STATE OF KARNATAKA on 24 September 2026
CNR: KAHC010635692026 NC: 2026:KHC:52762-DB WP No. 29120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 29120 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 29120 OF 2026 (GM-MM-S)
BETWEEN:
1.
M/S TULAJA BHAVANI STONE CRUSHER
OFFICE AT PUNABHAGATTA
HARAPANAHALLI
R/BY ITS PROPRIETOR
B.Y. MALLINATH
S/O. YANAKANAIK
AGED ABOUT 57 YEARS
OCC: STONE CRUSHER
R/O #3588/A4, 1ST MAIN
NEAR NUTHAN COLLEGE
VINAYAKA BADAVANE
DAVANGERE
…PETITIONER
(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560 001
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
HC-KAR
2.
THE DIRECTOR
DEP. OF MINES AND GEOLOGIST
NO.49, RACE COURSE ROAD
KHANJIA BHAVANA
BENGALURU - 560 001
3.
THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY
VIJAYANAGAR DISTRICT
KHANIJA BHAVAN, 7TH WARD
M.P. PRAKASH NAGAR
HOSAPETH
VIJAYANAGAR DISTRICT - 583 131
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF
CERTIORARI, QUASHING THE DEMAND NOTICE BEARING NO.
HiBhuv/GaBuEHo/2026-27/2123 DATED 31-07-2026, CALLING UPON
THE PETITIONER TO PAY A SUM OF RS.1,06,81,280/- (RUPEES ONE
CRORE SIX LAKHS EIGHTY ONE THOUSAND TWO HUNDRED
EIGHTY ONLY) AS PENALTY BY INVOKING RULE 44-A OF THE
KARNATAKA
MINOR
MINERAL
CONCESSION
(AMENDMENT)
RULES, 2026 AS ONE TIME SETTLEMENT (OTS) WITH PENAL
PROVISIONS IN CASE OF NON-COMPLIANCE WITHIN 45 DAYS
FROM THE DATE OF RECEIPT OF SAID NOTICE VIDE ANNEXURE- B, AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Government Advocate accepts notice for the respondents.
2. The petitioner has filed the present petition impugning a notice dated 31.07.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `1,06,81,280/- as penalty for extracting excess quantity and encroachment quantity of mineral.
3. The petitioner has challenged the notice on several grounds, the principal ground being that the said demand has been issued without affording the petitioner an opportunity to be heard.
4. The learned Government Advocate fairly states that the impugned notice may be considered as a show-cause notice and
HC-KAR
the concerned authority shall pass an appropriate order by following the principles of natural justice.
5. In view of the above, we direct that the impugned notice dated 31.07.2026 be treated as a show-cause notice and the petitioner would be at liberty to file a response to the said notice within a period of two weeks from date. The concerned authority shall pass an appropriate order after affording the petitioner an opportunity of hearing.
6. We clarify that all rights and contentions of the parties are reserved.
7. The petition is, accordingly, disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS, List No.: 2 Sl No.: 9