Karnataka High Court
WP/25408/2026 of SRI C SHIVAPPA Vs THE STATE OF KARNATAKA on 28 August 2026
CNR: KAHC010558862026 NC: 2026:KHC:46464-DB WP No. 25408 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.25408 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.25408 OF 2026 (GM-MM_S)
BETWEEN:
SRI C. SHIVAPPA
S/O. GONIBASAPPA,
AGED 51 YEARS,
OCC: BUSINESS,
R/O. KEREGUDIHALLI,
ARASIKERE POST,
HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT-583125.
…PETITIONER
(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REP. BY ITS CHIEF SECRETARY,
BENGALURU-560 001.
2.
THE SECRETARY TO GOVERNMENT.
COMMERCE AND INDUSTRIES
DEPARTMENT (MSME & MINES),
ROOM NO.135, 1ST FLOOR,
VIKAS SOUDHA,
BENGALURU-560 001.
3.
THE DIRECTOR & COMMISSIONER,
DEPT. OF MINES & GEOLOGY,
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU,
BENGALURU-560 001.
4.
THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN,
7TH WARD (SADASHIVANAGARA),
MP PRAKASH NAGAR, HOSPETE,
VIJAYANAGARA DISTRICT-583201.
5.
KARNATAKA STATE REMOTE
SENSING CENTRE (KSRSAC)
REPRESENTED BY ITS DIRECTOR,
DOOARA SAMVEDI BHAVANA
MAJOR SANDIP UNNIKRISHNAN ROAD
DODDABETTAHALLI
VIDYARANYAPURA
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 ORDER OR DIRECTION
DIRECTING TO QUASH OR SET ASIDE THE IMPUGNED NOTICE
BEARING NO.HIBHUVI/GABHUEEHO/2026-27/508 DATED 05-05-2026
ISSUED BY 4TH RESPONDENT DEPUTY DIRECTOR PRODUCED AT
ANNEXURE-A, IN TERMS OF GUIDELINES PUBLISHED IN THE
OFFICIAL GAZETTE DATED 09.03.2026 FORMULATED UNDER
NEWLY INSERTED RULE 44-A OF THE KMMC RULES 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
HC-KAR
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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 05.05.2026 [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 `36,02,582/- as penalty for extraction of excess quantity, encroachment, and transportation of building stone, aggregating to 53,836 metric tonnes.
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.
HC-KAR
5. We note that after receipt of the impugned notice, the petitioner has furnished a reply dated 08.06.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 05.05.2026 be considered as a show-cause notice and respondent No.4 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.
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.: 30