Karnataka High Court
WP/24515/2026 of T.G.SIDDESH Vs THE STATE OF KARNATAKA on 2 September 2026
CNR: KAHC010539002026 NC: 2026:KHC:47668-DB WP No. 24515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND 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. 24515 OF 2026 (GM-MM-S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND 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. 24515 OF 2026 (GM-MM-S)
BETWEEN:
1.
T.G. SIDDESH
S/O. T.G. JAYADEVAPPA
AGED ABOUT 60 YEARS
R/AT. NEAR GOVT. HIGH SCHOOL
HIRETOGALERI
POST: BADA
DAVANAGERE TALUK & DISTRICT
KARNATAKA - 577 514
…PETITIONER
(BY SRI BHADRAVADI SIDDESWARA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND
INDUSTRIES (MINES)
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001
2.
THE DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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3.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
DAVANAGERE DISTRICT
NO.1948/1, IN FRONT OF ANJANEYA TEMPLE
VIDYANAGAR, DAVANAGERE - 577 005
4.
KARNATAKA STATE REMOTE SENSING
APPLICATIONS CENTRE (KSRSAC)
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS
(E-GOVERNANCE)
REPRESENTED BY ITS DIRECTOR
DOORA SAMVEDI BHAVANA
MAJOR SANDEEP,UNNIKRISHNAN ROAD
DODDABETTAHALLI, BENGALURU - 560 097
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
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 APPROPRIATE WRIT, ORDER OR
DIRECTION
QUASHING
THE
IMPUGNED
DEMAND
NOTICE
BEARING
NO.GBhu/OTS-Notice/2026-27/243
DATED
07/05/2026
ISSUED BY RESPONDENT NO.3 UNDER RULE 44A OF THE
KARNATAKA
MINOR
MINERAL
CONCESSION
RULES,
(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.
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2. The petitioner has filed the present petition impugning a demand notice dated 07.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `34,06,580/- as penalty for extracting excess and encroachment quantity totaling to 25047 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 sets out that the petitioner is also permitted to pay the penalty in four equal installments with one installment due every 45 days. The petitioner is also directed to remit the aforesaid penalty amount within seven 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.
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 an
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appropriate 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 that the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and an appropriate order 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.: 5