WP/22706/2026 of M/S VISHWESH STONE CRUSHER Vs THE STATE OF KARNATAKA on 8 September 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH 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.22706 OF 2026 (GM-MM_S)

BETWEEN:

1.

M/S. VISHWESH STONE CRUSHER,

BY ITS PROPRIETOR,

SRI. JOTIBA S/O. PRALHAD REMANI,

AGED 40 YEARS,

OCC: BUSINESS,

R/O. ZADAVAGA HEBBAL,

KHANAPUR TALUK,

BELAGAVI DISTRICT-591120.

2.

M/S. DHAMANEKAR STONE CRUSHER,

BY ITS PROPRIETOR,

SRI. BALASAHEB DHAMANEKAR

S/O. ARJUN DHAMANEKAR,

AGED ABOUT 71 YEARS,

OCC: BUSINESS

R/O. H.NO.17, BHARAT NAGAR,

SHAHAPUR, BELAGAVI-590003.

3.

M/S. VISHWANATH STONE CRUSHER,

BY ITS PROPRIETOR,

SRI. TARUN S/O VASANTHRAO DATTAWADE,

AGED 45 YEARS,

OCC: BUSINESS,

R/O. NO.9/205, SANGLI ROAD,

ICHALAKARANJI, HATKANANGALE,

KOLHAPUR DISTRICT,

MAHARASTHRA-416115.

Digitally signed by

MAHALAKSHMI B M

Location: High Court

of Karnataka

HC-KAR

4.

M/S. HARI STONE CRUSHER,

BY ITS PARTNER,

SRI. ANIL S/O. YALLAPPA GOUNDADKAR,

AGED ABOUT 65 YEARS,

OCC: BUSINESS,

R/O. H.NO.4119, KANGRAL GALLI,

BELAGAVI-590001.

5.

SRI. SAI STONE INDUSTRIES,

BY ITS PROPRIETOR,

SRI. YASHWANTH

S/O MAHADEV NALAWADE

AGED ABOUT 48 YEARS,

OCC: BUSINESS,

R/O. WARD NO.5,

MALLAMMA NAGARA,

MUDHOL, TALUK: MUDHOL,

DISTRICT: BAGALKOTE-583236.

6.

M/S. POPULAR CRUSHER PVT. LTD.,

BY ITS PROPRIETOR,

SRI. GIRISH S/O. ZUNJAR BHATKHANDE,

OCC: BUSINESS,

R/O. #959, KALIAMBRAI, BELAGAVI,

DISTRICT: BELAGAVI-590001.

7.

M/S. G.S. CONSTRUCTION

BY ITS PROPRIETOR,

SRI. NINGAPPA S/O. RUKMANNA MORE,

AGED ABOUT 53 YEARS,

OCC: BUSINESS,

R/O. RAMDEV GALLI, SAVAGAON,

MANDOLI, BELAGAVI-590008.

8.

M/S. GOMMATESH STONE CRUSHER,

BY ITS PROPRIETOR,

SRI. CHANDRASHEKAR

S/O. SHIVANAGOUDA PATIL,

AGED 62 YEARS,

OCC: BUSINESS,

R/O. NO.2365, SHAKTI NIVAS,

HC-KAR

1ST MAIN, MAHANTESH NAGAR,

SHIVAJI NAGAR,

BELAGAVI-590016.

9.

M/S. TARADE BROTHERS CONSTRUCTIONS PVT. LTD., BY ITS DIRECTOR, TOUFIK S/O. MEERASAB TARADE

AGED 32 YEARS,

OCC: BUSINESS,

R/O. NO.87, SOMWRA PETH,

CHIKKODI, TALUK: CHIKKODI,

BELAGAVI DISTRICT-591201.

10.

M/S. TARADE BROTHERS CONSTRUCTIONS PVT. LTD., BY ITS MANAGING PARTNER, SRI. MAHIBOOB S/O. APPASAB TARADE, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O. DESAI BUILIDING, GANAPATHI TEMPLE, ANANTPUR CIRCLE, ATHANI TALUK,

11.

M/S. P3M INDUSTRIES,

BY ITS PARTNER,

SRI. AJAY S/O. CHANNAIAH POOJAR,

AGED ABOUT 59 YEARS,

CTS NO.3380/3,

COLLEGE ROAD,

BELAGAVI-590016.

12.

SRI. MAHALAKSHMI STONE CRUSHER,

BY ITS PARTNER,

SRI. ALAGOUDA S/O, GIRIGOUDA PATIL,

AGED 73 YEARS,

OCC: BUSINESS,

R/O. JAINAPUR, CHIKKODI TALUK,

DISTRICT BELAGAVI-591226.

13.

M/S. P3M INDUSTRIES,

BY ITS PARTNER,

SRI. AJAY S/O. CHANNAIAH POOJAR,

HC-KAR

CTS NO. 3380/3, COLLEGE ROAD,

BELAGAVI-590016.

…PETITIONERS

(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS CHIEF SECRETARY,

VIDHANA SOUDHA,

DR. B.R. AMBEDKAR VEEDHI,

BENGALURU-560 001.

2.

THE PRINICIPAL SECRETARY

DEPARTMENT OF COMMERCE AND

INDUSTRIES, (MINES-2),

VIDHANA SOUDHA,

BENGALURU-560 001.

3.

THE DIRECTOR

DEPARTMENT OF MINES AND GEOLOGY (MINES), KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

4.

THE DEPUTY DIRECTOR,

DEPT. OF MINES AND GEOLOGY,

BELAGAVI-590001.

5.

KARNATAKA STATE REMOTE SENSING

APPLICATIONS CENTRE

THROUGH ITS CHAIRMAN,

MAJOR SANDEEP UNNIKRISHNAN ROAD,

DODDABETTAHALLI,

BENGALURU, KARNATAKA - 560097.

…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 SUCH OTHER APPROPRIATE WRIT, ORDER

OR DIRECTION QUASHING THE IMPUGNED NOTIFICATION DATED

HC-KAR

26.02.2026, PUBLISHED IN THE GAZETTE NOTIFICATION BEARING

SL.NO.CI-MMN/192/2023,

INTRODUCING

RULE

44(A)

OF

KARNATAKA MINOR MINERALS CONCESSION (AMENDMENT)

RULES, 2026 TO THE EXTENT THAT IT DEPRIVES THE PETITIONER

OF AN OPPORTUNITY OF HEARING BEFORE THE DETERMINATION

OF LIABILITY (AS PER ANNEXURE-D) 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