Karnataka High Court
WP/24966/2026 of SRI HANUMANTHARAYAPPA S Vs THE STATE OF KARNATAKA on 1 September 2026
CNR: KAHC010549532026 NC: 2026:KHC:47364-DB WP No. 24966 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST 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.24966 OF 2026 (GM-MM_S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST 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.24966 OF 2026 (GM-MM_S)
BETWEEN:
SRI HANUMANTHARAYAPPA .S
S/O SUBBARAYAPPA,
AGED ABOUT 53 YEARS,
LICENSEE UNDER QUARRYING LICENCE NO.26,
R/AT NO.409, KOTHURU VILLAGE,
NIDAGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT-572116.
…PETITIONER
(BY MS. APOORVA N., ADVOCATE FOR
SRI. ASHOKA T., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2.
THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, 5TH FLOOR,
RACE COURSE ROAD,
BENGALURU-560001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
3.
THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, SPOORTHI LAYOUT,
BADDIHALLI, RING ROAD,
TUMAKURU-572104.
…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
IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED NOTICE
BEARING
NO.GABHUI/UNIKA/KAGAGUA.SHI-26/2026-27
DATED
24.06.2026 ISSUED BY THE 3RD RESPONDENT, PRODUCED
HEREWITH AS ANNEXURE-A 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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 the demand notice dated 24.06.2026 [impugned order] issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of
HC-KAR
`18,44,500/- as penalty for encroachment involving a quantity of 1,054 metric tonnes of minerals.
3. 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.
4. The learned Government Advocate fairly states that the impugned demand notice may be considered as a show-cause notice and the concerned authority shall pass an order after following the principles of natural justice.
5. We note that after receipt of the impugned notice, the petitioner has furnished a reply dated 04.07.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 24.06.2026 be considered as a show-cause notice and respondent No.3 shall consider the petitioner's response to the said notice and pass a final order after affording the petitioner an opportunity of hearing.
7. The petition is disposed of in the aforesaid terms.
HC-KAR
8. 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.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 6