Karnataka High Court
WP/25624/2026 of SHRI.SATISH N Vs THE STATE OF KARNATAKA on 16 September 2026
CNR: KAHC010554352026 NC: 2026:KHC:50319-DB WP No. 25624 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. 25624 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. 25624 OF 2026 (GM-MM-S)
BETWEEN:
1.
SHRI SATISH N
AGED ABOUT 53 YEARS
S/O NAGARAJA
NO.P-407, DOLLARS COMFORT APARTMENT
1ST A CROSS ROAD
RMV 2ND STAGE
HIG COLONY DOLLARS COLONY
BENGALURU - 560 094
…PETITIONER
(BY SRI CHANDAN GOWDA PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRY
KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001
2.
THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVA
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
3.
THE DEPUTY DIRECTOR
MINES AND GEOLOGY
CHITRADURGA
OPPOSITE BASAPPA HOSPITAL
B L GOWDA LAYOUT
CHITRADURGA - 577 501
…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 APPORIATE WRIT, ORDER OR
QUASHING IMPUGNED ONE TIME SETTLEMENT NOTICE DATED
15.05.2026
BEARING
NO.
GBOE/UNCHI/OTS-NOTICE/485
PROPOSING TO DEMAND OF PANALTY OF RS.4,68,81,170/-, ISSUED BY THE RESPONDENT NO.3 ENCLOSED AT ANNEXRE-A &
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 15.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay an amount of `4,68,81,170/- for
HC-KAR
extracting and transporting an excess quantity of 6,69,731 metric tons of building stone without payment of royalty and also an amount of `9,61,940/- for extracting and transporting 6,871 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 15.05.2026 be considered as a show-cause notice and respondent No.3 shall pass a final order after affording the petitioner an opportunity of hearing.
6. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time
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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.: 3