Karnataka High Court

WP/29120/2026 of M/S TULAJA BHAVANI STONE CRUSHER Vs THE STATE OF KARNATAKA on 24 September 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead