Karnataka High Court
WP/24935/2026 of SRI. R. N. BELLIAPPA, Vs THE STATE OF KARNATAKA on 20 August 2026
CNR: KAHC010548612026 NC: 2026:KHC:44900-DB WP No. 24935 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 24935 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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. 24935 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI R.N. BELLIAPPA
S/O NINGAPPA
AGED ABOUT 67 YEARS
R/O AREYURU VILLAGE
ABBURKATTE POST
SOMAWARPETE TALUK
NERUGALALE
KODAGU - 571 236
…PETITIONER
(BY SRI H.S. PRASHANTH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF MINES AND GEOLOGY
VIKASA SOUDHA
REPRESENTED BY
CHIEF SECRETARY
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
2.
THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY
KODAGU DISTRICT
MADIKERI - 571 201
…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 TO SET ASIDE THE
IMPUGNED NOTICE OF DEMAND DATED 24/04/2026 VIDE
GaBhuE/HiBhuV(Ko)/OTS-Notice/2026-27/60
AS
PER
ANNEXURE-A AND ALSO NOTICE OF DEMAND DATED
04/07/2026 VIDE GaBhuE/HiBhuV(Ko)/OTS-Notice/2026-27/611
AS PER ANNEXURE-B, ISSUED BY THE 2ND RESPONDENT, PENDING DISPOSAL OF THE WRIT PETITION 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 petitioner has filed the present petition impugning the notice dated 24.04.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1995. The petitioner is being called upon to pay an OTS penalty of `3,70,56,250/- (Rupees Three Crores Seventy Lakhs Fifty Six Thousand Two Hundred and Fifty Nine Only) on account of allegation that the petitioner had extracted excess quantity of 4,49,087 metric tons of building stone and 40,144 metric tons by mine encroachment. The petitioner has also warned that in the event that penalty is not paid, then the penalty would be payable as per the Rules which were marked five times the royalty. In addition, the proceedings would also be initiated in termination of the existing query leases.
2. The petitioner contends that the said demand has been issued without affording the petitioner an opportunity of being heard and thus, in violation of principles of natural justice.
3. The learned Additional Government Advocate fairly states that the impugned notice may be treated as a show cause notice.
HC-KAR
The petitioner may respond to the said notice and the final order will be passed after affording the petitioner an opportunity to be heard.
4. In view of the above, no further orders are required to be passed, except that the respondents are bound down to the said statements. We clarify that all rights and contention of the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 2 Sl No.: 9