Karnataka High Court
WP/24389/2026 of T.G. SIDDESH Vs THE STATE OF KARNATAKA on 28 August 2026
CNR: KAHC010539032026 NC: 2026:KHC:46469-DB WP No. 24389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 24389 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 24389 OF 2026 (GM-MM-S)
BETWEEN:
1.
T.G. SIDDESH
S/O LATE T.G. JAYADEVAPPA
AGED ABOUT 60 YEARS
R/AT NEAR GOVT. HIGH SCHOOL
HIRETHOGALERI VILLAGE
POST: BADA, DAVANAGERE DISTRICPT
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
2.
THE DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
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 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 APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED OTS DEMAND NOTICE
DATED 07/05/2026 ISSUED BY RESPONDENT NO.3 (ANNEXURE-E)
& 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 balance amount of `57,08,460/- after deducting `1,00,000/- already paid on 03.03.2026, for extracting and transporting 41,489 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 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 19.05.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 07.05.2026 be considered as a show-cause
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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. 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.
8. 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.: 16