Karnataka High Court
WP/24927/2026 of BASAVARAJ Vs THE STATE OF KARNATAKA on 28 August 2026
CNR: KAHC010547362026 NC: 2026:KHC:46475-DB WP No. 24927 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. 24927 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. 24927 OF 2026 (GM-MM-S)
BETWEEN:
1.
BASAVARAJ
S/O ANDAPPA RAJOOR,
AGED ABOUT 49 YEARS
HAVING ITS UNIT AT R.S NO. 74
BAHADDURABANDI VILLAGE,
KOPPAL TALUKA AND DISTRICT
…PETITIONER
(BY MS. ADITI P GOUDAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRY
KHANIJA BHAVANA, RACE COURSE ROAD
2.
THE DIRECTOR/ SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANJIA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001
3.
THE DEPUTY DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
DC OFFICE
KOPPAL
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
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4.
KARNATAKA STATE REMOTE SENSING
APPLICATIONS CENTRE, (KSRSAC)
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS (E-GOVERNANCE)
OFFICE AT DOORA SAMVEDI BHAVANA
MAJOR SANDEEP UNNIKRISHNAN ROAD
DODDABETTAHALLI
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 ISSUE A WRIT
OF CERTIORARI QUASHING THE IMPUGNED DEMAND NOTICE
ISSUED
BY
THE
RESPONDENT
No.
DATED
21.04.2026
PRODUCED VIDE ANNEXURE-A & 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 a demand notice dated 21.04.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay an amount of `5,44,79,948/- for
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extracting and transporting 3,89,142.48 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 following the principles of natural justice and that despite the petitioner's response to the demand notice vide letter dated 28.04.2026, calling upon respondent No.3 to furnish documents relied upon while issuing the impugned demand notice, respondent No.3 failed to furnish the said documents or afford the petitioner an opportunity to be heard and proceeded to issue the endorsement dated 15.06.2026. The petitioner also replied to the said endorsement by letter dated 20.07.2026.
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. Given the circumstances, we direct that the impugned demand notice dated 21.04.2026 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.
6. 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.
7. 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.: 22