Karnataka High Court
WP/20914/2026 of SRI K NANDISH Vs THE STATE OF KARNATAKA on 28 August 2026
CNR: KAHC010468302026 NC: 2026:KHC:46527-DB WP No. 20914 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.20914 OF 2026 (GM-MM_S)
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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.20914 OF 2026 (GM-MM_S)
BETWEEN:
SRI. K. NANDISH
S/O. LATE KEMPANNA .V
AGED ABOUT 45 YEARS,
R/AT AREPURA VILLAGE,
BEGURU HOBLI,
GUNDLUPETE TALUK,
CHAMARAJANAGAR DIST.-571109.
…PETITIONER
(BY SRI. H.V. BHANUPRAKASH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560 001.
2.
THE DIRECTOR,
DEP. OF MINES AND GEOLOGIST,
NO.49, RACE COURSE ROAD,
KHANIJA BHAVANA,
BENGALURU - 560 001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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3.
DEPUTY DIRECTOR/ SENIOR GEOLOGIST,
DEPARTMENT OF MINES GEOLOGY,
CHAMARAJANAGAR DISTRICT - 571 313.
…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, QUASHING THE DEMAND NOTICE ISSUED BY
THE
RESPONDENT
NO.3
DATED
16.05.2026
IN
NO.GABHUE/HIBHUV/CHR/OTS-NOTICE/2026-27/411
DEMANDING
OF RS.39,37,850/- AS FINE BY INVOKING THE PROVISIONS OF
RULE 44-A OF THE KARNATAKA MINOR MINERALS CONCESSION
(AMENDMENT) RULES, 2026 AS ONE TIME SETTLEMENT (OTS)
WITH PENAL PROVISIONS IN CASE OF NON-COMPLIANCE WITHIN
180 DAYS FROM THE DATE OF RECEIPT OF SAID DEMAND NOTICE
TO THE PETITIONER VIDE ANNEXURE-F 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.
2. The petitioner has filed the present petition impugning the demand notice dated 16.05.2026 [impugned order] issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994
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[KMMC Rules], calling upon the petitioner to pay a sum of `39,37,850/- as penalty for extraction of excess quantity of 56,255 metric tonnes of building stone.
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 15.06.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 16.05.2026 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.
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7. The petition is disposed of in the aforesaid terms.
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.: 7