Karnataka High Court
WP/24752/2026 of SHARAVANKUMAR Vs THE STATE OF KARNATAKA on 18 August 2026
CNR: KAHC010547232026 NC: 2026:KHC:44093-DB WP No. 24752 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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.24752 OF 2026 (GM-MM_S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH 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.24752 OF 2026 (GM-MM_S)
BETWEEN:
SHARAVANKUMAR
S/O HEMRAJ SHARMA,
AGED ABOUT 49 YEARS,
PROPRIETOR OF
SHARAVANA CRUSHIG WORKS
HAVING ITS UNIT AT R.S NO.130
HALAVARTHI VILLAGE,
KOPPAL TALUK AND DISTRICT.
…PETITIONER
(BY SRI. ARJUN A. HEBBAR, ADVOCATE FOR
MS. 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 - 560001.
2.
THE DIRECTOR/ SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU-560001.
Digitally signed
by C K LATHA
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-560097
REPRESENTED BY ITS DIRECTOR.
…RESPONDENTS
(BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED DEMAND NOTICE
BEARING NO.GABHUI/HIBHUVI/OTS-NOTICE/ KOPPAL: 2026-27/470
ISSUED
BY
THE
RESPONDENT
NO.3
DATED
21.04.2026
PRODUCED VIDE ANNEXURE-A 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
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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 21.04.2026 [impugned order] issued under
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Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of ` 11,51,752 as penalty for extracting encroachment quantity of 8,226.80 metric tons of building stone.
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 and that despite the petitioner's response to the demand notice vide letter dated 28.04.2026, calling upon the respondent No.3 to furnish documents relied upon while issuing the impugned demand notice, respondent No.3 failed to furnish the said documents or afford the petitioner an opportunity to be heard and proceeded to issue the endorsement dated 15.06.2026.
4. 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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5. 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.
6. 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.
7. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
CKL List No.: 2 Sl No.: 6