Karnataka High Court
WP/27575/2026 of SRI MALLAPPA Vs THE STATE OF KARNATAKA on 23 September 2026
CNR: KAHC010613672026 NC: 2026:KHC:52593-DB WP No. 27575 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 27575 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD 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. 27575 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI MALLAPPA
S/O SHANKARAPPA NADAGOUDAR
R/A H.NO.166/2, WARD NO.10
NEAR OLD I.B. EXTENSION AREA
BAGALKOTE - 587 101
…PETITIONER
(BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
BENGALURU - 560 001
2.
THE SECRETARY TO GOVERNMENT
COMMERCE AND INDUSTRIES DEPARTMENT
(MSME & MINES)
ROOM NO.135, 1ST FLOOR
VIKAS SOUDHA
BENGALURU - 560 001
3.
THE DIRECTOR & COMMISSIONER
DEPT. OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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4.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY
VIJAYAPURA - 586 109
5.
KARNATAKA STATE REMOTE
SENSING CENTRE (KSRSAC)
REPRESENTED BY ITS DIRECTOR
DOOARA SAMVEDI BHAVANA
MAJOR SANDIP UNNIKRISHNAN ROAD
DODDABETTAHALLI VIDYARANAYAPURA
BENGALURU - 560 097
…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 ISSUE A WRIT
OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION
DIRECTING TO QUASH OR SET ASIDE THE IMPUGNED NOTICE
BEARING
NO.HiBhuVi/GaBhuEe/Vi.Pura/OTS/Notice/2026-27/154
DATED
11/05/2026
ISSUED
BY
4TH
RESPONDENT
SENIOR
GEOLOGIST
PRODUCED
AT
ANNEXURE-A,
IN
TERMS
OF
GUIDELINES PUBLISHED IN THE OFFICIAL GAZETTE DATED
09/03/2026 FORMULATED UNDER NEWLY INSERTED RULE 44-A OF
THE KMMC RULES AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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.
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2. The petitioner has filed the present petition impugning a notice dated 11.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `53,39,460/- as penalty for extracting excess quantity of 63924 metric tons and encroachment quantity of 6177 metric tons of mineral.
3. The petitioner has been called upon to pay the stipulated penalty within a period of 6 months from the date of service of the notice. The notice also set out that the petitioner is also permitted to pay the penalty in four equal installments with one installment due every 45 days.
4. One of the contentions advanced by the petitioner is that the said demand is vitiated as it has been issued without following the principles of natural justice and despite the petitioner responding by letter dated 04.07.2026 to the demand notice, the same has not been considered.
5. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that the
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petitioner's response would be considered and an order would be passed after affording the petitioner an opportunity of being heard.
6. In view of the above, the present petition is disposed of, directing the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice.
7. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time settlement [OTS] as contemplated under Rule 44-A of the KMMC Rules, is voluntary and at the option of the lease/licence holder.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD, List No.: 2 Sl No.: 7