Karnataka High Court
WP/28707/2026 of M/S TULAJA BHAVANI STONE CRUSHER Vs THE STATE OF KARNATAKA on 23 September 2026
CNR: KAHC010635672026 NC: 2026:KHC:52587-DB WP No. 28707 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. 28707 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. 28707 OF 2026 (GM-MM-S)
BETWEEN:
1.
M/S. TULAJA BHAVANI STONE CRUSHER
PUNABHAGATTA, HARAPANAHALLI
REPRESENTED BY ITS PROPRIETOR
B.Y. MALLINATH S/O YANAKANAIK
AGED ABOUT 57 YEARS
OCC: STONE CRUSHER
RESIDENT OF NO.588/A4
1ST MAIN, NEAR NUTHAN COLLEGE
VINAYAKA BADAVANE
DAVANAGERE - 577 002
…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
2.
THE DIRECTOR
DEP. OF MINES AND GEOLOGIST
NO.49, RACE COURSE ROAD
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
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 ISSUE WRIT OF
CERTIORARI, QUASHING THE DEMAND NOTICE BEARING NO.
ಭೂ/ಗಭುಇೊ/2026-27/2124 DATED 31/07/2026 CALLING UPON
THE PETITIONER TO PAY A SUM OF RS.2,20,79,382/- (RUPEES
TWO CRORES TWENTY LAKHS SEVENTY NINE THOUSAND THREE
HUNDRED AND EIGHTY TWO 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:
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.
HC-KAR
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 `2,20,79,382.10/- 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 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.
HC-KAR
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
SD List No.: 2 Sl No.: 12