Karnataka High Court
WP/21263/2026 of SRI DEVIRAMMA STONE CRUSHERS Vs STATE OF KARNATAKA on 17 August 2026
CNR: KAHC010473242026 NC: 2026:KHC:43735-DB WP No. 21263 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 21263 OF 2026 (GM-MM-S)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH 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. 21263 OF 2026 (GM-MM-S)
BETWEEN:
1.
SRI DEVIRAMMA STONE CRUSHERS
REP. BY ITS GPA HOLDER
SUDARSHAN H.B.
AGED ABOUT 47 YEARS
R/O BYPASS ROAD
NEAR HIREMANGALURU WATER TANK
JYOTHINAGAR
CHIKKANAGALURU - 577 102
…PETITIONER
(BY SRI AMRUTHESH N.P., ADVOCATE A/W
SMT. DEEKSHA N AMRUTHESH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
DR. AMBEDKAR ROAD
BENGALURU - 560 001
REP. BY ITS SECRETARY
2.
THE DIRECTOR
DEPT. OF MINES AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
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3.
THE SENIOR GEOLOGIST
DEPT OF MINES AND GEOLOGY
KHANIJA BHAVANA
JYOTHINAGAR
CHICKKAMAGALURU - 577 102
…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 OF ANNEXURE-A, THE DEMAND
NOTICE DATED 13.05.2026 BEARING NO.GaBhuE-HiBhuChi-OTS- Notice-2026-27/461 ISSUED BY THE 3RD RESPONDENT SENIOR
GEOLOGIST OF DEPT. MINES AND GEOLOGY, CHIKKAMAGALURU, DEMANDING
RS.63,60,340/-
AS
FINE
BY
INVOKING
THE
PROVISIONS OF RULE 44-A OF THE KARNATAKA MINOR
MINERALS CONCESSION(AMENDMENT) RULES, 2026 AS ONE TIME
SETTLEMENT (OTS) WITH PENAL PROVISIONS IN CASE OF NON- COMPLIANCE WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF
SAID NOTICE 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 petitioner has filed the present petition impugning a notice dated 13.05.2026 issued under Section 44-A of the Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `63,60,340/- for extracting 45,431
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metric tons of building stone in excess and without payment of royalty.
2. The petitioner has challenged the notice on several grounds, the principal ground being that the said demand has been issued without affording the petitioner an opportunity to be heard.
3. The learned Government Advocate fairly states that the impugned notice may be considered as a show-cause notice and the concerned authority shall pass an appropriate order by following the principles of natural justice.
4. In view of the above, we direct that the impugned notice dated 13.05.2026 be treated as a show-cause notice and the petitioner would be at liberty to file a response to the said notice within a period of two weeks from date. The concerned authority shall pass an appropriate order after affording the petitioner an opportunity of hearing.
5. We clarify that all rights and contentions of the parties are reserved.
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6. The petition is, accordingly, disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB List No.: 2 Sl No.: 4