Karnataka High Court
WP/25471/2026 of SRI SHAMRAO Vs THE STATE OF KARNATAKA on 19 August 2026
CNR: KAHC010558902026 NC: 2026:KHC:44627-DB WP No. 25471 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. 25471 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. 25471 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI SHAMRAO
S/O. KHEERU PAWAR
AGED 51 YEARS
OCC: BUSINESS
R/O. 7/15, SHAHABAD ROAD
ABBABAI TEMPLE, RAJPUR
KALBURGI - 585 105
…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
KHANIJA BHAYAN
RACE COURSE ROAD
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
BENGALURU
BENGALURU - 560 001
4.
THE DEPUTY DIRECTOR &
COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
NO. 01, ATAL BIHAR VAJPAYE LAYOUT
KOTNOOR(D)
KALBURGI - 585102
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.GhaBhuEe/UniKe-OTS-Notice/2026-
27/389 DATED 30/04/2026 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 30.04.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `1,41,93,480/- for extracting an excess building stone of 2,02,764 metric tons of building stone without payment of royalty and also an amount of `5,03,67,940/- for extracting and transporting 3,59,771 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 20.06.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 30.04.2026 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.: 11