Karnataka High Court
WP/24884/2026 of SHRI. P. S VENKATESH Vs THE STATE OF KARNATAKA on 27 August 2026
CNR: KAHC010547142026 NC: 2026:KHC:46120-DB WP No. 24884 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 24884 OF 2026 (GM-MM-S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH 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. 24884 OF 2026 (GM-MM-S)
BETWEEN:
1.
SHRI P.S. VENKATESH
AGED ABOUT 61 YEARS
REPRESENTATED BY HIS
POWER OF ATTORNEY
SHRI MAHABALESHWAR
S/O MAHALINGAPPA SHETTAR
HAVING ITS UNIT AT R.S NO. 37
HUVINAL VILLAGE
KOPPAL TALUKA AND DSTRICT
…PETITIONER
(BY SRI ADITI P. GOUDAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRY
KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001
2.
THE DIRECTOR/ SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANJIA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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3.
THE DEPUTY DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
DC OFFICE, KOPPAL
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
BEARING
GABHUI/HIBHUVI/OTS-NOTICE/Koppal:2026-27/476
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 notice dated 21.04.2026 issued under Rule 44A of the Karnataka
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Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `1,47,75,972/- as penalty for extracting excess and encroachment quantity totaling to 131907.84 metric tons of mineral.
3. The petitioner was called upon to visit the concerned office (Office of the Deputy Director, Department of Mines and Geology) within a period of 7 days along with appropriate documents regarding the penalty amount and for settlement of the matter.
4. 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 and despite the petitioner responding by letter dated 28.04.2026 to the demand notice, the same has not been considered.
5. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that the petitioner's response would be considered and an order would be passed after affording the petitioner an opportunity of being heard.
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6. In view of the above, the present petition is disposed of, directing the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice.
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 44-A 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 SD List No.: 2 Sl No.: 9