Karnataka High Court
WP/23375/2026 of SRI. T. M. NASEER Vs STATE OF KARNATAKA on 16 September 2026
CNR: KAHC010519162026 NC: 2026:KHC:50317-DB WP No. 23375 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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.23375 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH 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.23375 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI T.M. NASEER
S/O T. HASANABBA
AGED ABOUT 50 YEARS
R/O. BAIT UL IMPAL
DIL DHAR STREET
NEAR BADRIYA MASJID
VIJAYAPURA
CHIKKAMAGALURU - 577 102
…PETITIONER
(BY SMT. DEEKSHA N. AMRUTHESH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
DR. AMBEDKAR ROAD
BENGALURU - 560 001
REP. BY ITS SECRETARY
2.
THE DIRECTOR
DEPT. OF MINES AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
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3.
THE SENIOR GEOLOGIST
DEPT. OF MINES AND GEOLOGY
KHANIJA BHAVANA
JYOTHINAGAR
CHIKKAMAGALURU - 577 102
…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, QUASHING OF ANNEXURE - A, THE DEMAND
NOTICE DATED 06.05.2026 BEARING NO.GaBhuE-HiBhuChi-OTS- Notice-2026-27/400 ISSUED BY THE 3RD RESPONDENT SENIOR
GEOLOGIST OF DEPT. MINES AND GEOLOGY, CHIKKAMAGALURU, DEMANDING
RS.3,69,19,410/-
AS
FINE
BY
INVOKING
THE
PROVISIONS OF RULE 44-A OF THE KARNATAKA MINOR
MINERALS CONCESSION (AMENDMENT) RULES, 2026 AS ONE
TIME SETTLEMENT (OTS) WITH PENAL PROVISIONS IN CASE OF
NON-COMPLIANCE WITHIN 30 DAYS FROM THE DATE OF RECEIPT
OF SAID NOTICE & 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.
2. The petitioner has filed the present petition impugning a demand notice dated 06.05.2026 issued under Rule 44A of the
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Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay balance amount of `3,69,19,410/- for extracting and transporting an excess quantity of 2,57,109 metric tons of building stone without payment of royalty and also for extracting and transporting 1,51,852 metric tons of building stone by encroached mining.
3. One of the grounds on which the petitioner has challenged the impugned notice is that it was issued without affording the petitioner an opportunity to be heard.
4. The learned Government Advocate fairly states that the impugned demand notice may be considered as a show-cause notice. The petitioner may file a response to the same within a period of two weeks from date and the concerned authority shall pass an order after following the principles of natural justice.
5. Given the circumstances, we direct that the impugned demand notice dated 06.05.2026 be considered as a show-cause notice and respondent No.3 shall pass a final order after affording the petitioner an opportunity of hearing.
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6. 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 44A of the KMMC Rules, is voluntary and at the option of the lease/licence holder.
7. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB List No.: 2 Sl No.: 2