Karnataka High Court
WP/24746/2026 of SHARAVANKUMAR Vs THE STATE OF KARNATAKA on 17 August 2026
CNR: KAHC010546932026 NC: 2026:KHC:43768-DB WP No. 24746 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. 24746 OF 2026 (GM-MM-S)
HC-KAR
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. 24746 OF 2026 (GM-MM-S)
BETWEEN:
1.
SHARAVANKUMAR
S/O HEMRAJ SHARMA
PARTNER
SHARADA CRUSHING WORK
AGED: 49 YEARS
OCC: BUSINESS
R/O: M.B.NO.8-5-490/1
SURVEY NO.652/1
GADAG ROAD
KOPPAL - 583 231
…PETITIONER
(BY SRI/SMT. ADITI P. GOUDAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRY
KHANIJA BHAVANA
RACE COURSE ROAD
2.
THE DIRECTOR/ SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANJIA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
3.
THE DEPUTY DIRECTOR/SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
DC OFFICE
KOPPAL - 583 231
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 - 560 097
REPRESENTED BY ITS DIRECTOR
…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 THE IMPUGNED DEMAND NOTICE
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, inter alia, impugning the demand notice dated 21.04.2026 issued by
HC-KAR
respondent No.3 (Senior Geologist) under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994.
3. In terms of the said notice, the petitioner was called upon to pay penalty of `13,04,349/- for extracting excess quantity of 18,633.55 metric tons of building stone without payment of royalty. The petitioner had responded to the said notice on 28.04.2026. Thereafter, respondent No.3 had issued an endorsement dated 15.06.2026 instructing the petitioner to pay the penalty amount within the specified period. The petitioner has once again responded to the same on 20.07.2026.
4. The principal ground on which the petitioner has assailed the impugned notice is that the same has been crystallized without affording the petitioner an opportunity to be heard.
5. The learned Government Advocate fairly states that the impugned notice may be treated as a show-cause notice and respondent No.3 shall pass an appropriate order after affording the petitioner an opportunity of hearing.
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6. As noted above, the petitioner has already furnished his response to the impugned notice. The petitioner has also communicated that he is willing to pay an amount of `4,69,600/- and has requested that the impugned notice be withdrawn.
7. In the given circumstances, we direct that the impugned notice dated 21.04.2026 be considered as a show-cause notice and respondent No.3 shall consider the response submitted by the petitioner and pass an appropriate order after affording the petitioner an opportunity of hearing.
8. 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