Karnataka High Court
WP/24355/2026 of MANJUNATHA B Vs THE STATE OF KARNATAKA on 28 August 2026
CNR: KAHC010539052026 NC: 2026:KHC:46470-DB WP No. 24355 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. 24355 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. 24355 OF 2026 (GM-MM-S)
BETWEEN:
1.
MANJUNATHA B
AGED ABOUT 36 YEARS
NO.03, JANATHA COLONY
ELEBETHURU, BETHURU
DAVANAGERE TALUK
DAVANAGERE DISTRICT
KARNATAKA - 577 002
…PETITIONER
(BY SRI BHADRAVADI SIDDESWARA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
KHANIJA BHAVANA
RACE COURSE ROAD
2.
THE DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001
3.
THE SENIOR GEOLOGIST
OFFICE OF THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
VIJAYANAGARA DISTRICT
SADASHIVANAGAR
M.P. PRAKASH NAGAR
HOSAPETE, VIJAYANAGARA DISTRICT - 583 201
4.
KARNATAKA STATE REMOTE
SENSING APPLICATIONS CENTRE (KSRSAC)
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS (E-GOVERNANCE)
DODDABETTAHALLI
MAJOR SANDEEP UNNIKRISHNAN ROAD
BENGALURU - 560 097
REPRESENTED BY ITS DIRECTOR
…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 DIRECT AND
DECLARE THAT THE IMPUGNED NOTICE SHALL BE TREATED AS A
SHOW CAUSE NOTICE AND THAT RESPONDENT NO. 3 SHALL
PASS APPROPRIATE ORDERS ONLY AFTER AFFORDING THE
PETITIONER A FULL AND EFFECTIVE OPPORTUNITY OF BEING
HEARD, IN COMPLIANCE WITH PRINCIPLES OF NATURAL JUSTICE, AND IN ACCORDANCE WITH THE DIRECTIONS ISSUED BY THE
HON'BLE
COURT
IN
W.P.No.19196/2026
(GM-MM-S)
DATED
30.06.2026 AT ANNEXURE-F & 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.
HC-KAR
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 `85,06,400/- for extracting and transporting excess quantity of 1,21,520 metric tons of building stone without payment of royalty and also an amount of `1,61,84,280/- for extracting and transporting 1,15,602 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 05.06.2026.
HC-KAR
6. 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 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.: 15