Karnataka High Court
WP/25412/2026 of SHREE MARULASIDDESHWARA STONE CRUSHER Vs THE STATE OF KARNATAKA on 19 August 2026
CNR: KAHC010559042026 NC: 2026:KHC:44626-DB WP No. 25412 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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. 25412 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH 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. 25412 OF 2026 (GM-MM-S)
BETWEEN:
1.
SHREE MARULASIDDESHWARA STONE CRUSHER
BY ITS PROPRIETOR
SRI KENCHANAGOUDA P
S/O. VIRUPAKSHAGOUDA
AGED 57 YEARS, OCC: BUSINESS
R/O. NO. 02, U. BEVINAHALLI
POTHALAKATTI POST
HARAPANAHALLI TALUK
VIJAYANAGARA DISTRICT - 583 125
…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
DEPARTMENT OF MINES & GEOLOGY
Digitally
signed by
AMBIKA H B
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 - 583 201
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/2026-27/572 DATED 11/05/2026
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:
HC-KAR
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 11.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `1,26,44,380/- for extracting an excess building stone of 1,80,634 metric tons of building stone without payment of royalty and also an amount of `2,56,16,500/- for extracting and transporting 1,82,975 metric tons of building stone in the encroached mining area.
3. One of the grounds on which the petitioner has challenged the impugned notice is that it was issued without affording the petitioner an opportunity to be heard.
HC-KAR
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 03.06.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 11.05.2026 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.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB, List No.: 2 Sl No.: 10