Karnataka High Court
WP/105661/2026 of M/S S.M.P STONE CRUSHER Vs THE STATE OF KARNATAKA on 17 August 2026
CNR: KAHC010490632026 NC: 2026:KHC:43765-DB WP No. 105661 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. 105661 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. 105661 OF 2026 (GM-MM-S)
BETWEEN:
1.
M/S S.M.P STONE CRUSHER
R/O. KADLEBALU VILLAGE
TQ: HARAPANAHALLI
DIST: VIJAYANAGAR - 583 131
REPRESENTED BY ITS PROPRIETOR
SHRI H. MARULASIDDESH
S/O UJJAPPA
AGE 56 YEARS, OCC: BUSINESS
R/O: KADLEBALU VILLAGE
TQ: HARAPANAHALLI
DIST: VIJAYANAGAR - 583 131
…PETITIONER
(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560 001
2.
THE DIRECTOR
DEP. OF MINES AND GEOLOGIST
No.49, RACE COURSE ROAD
KHANIJA BHAVANA, BENGALURU - 560 001
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
3.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
VIJAYANAGAR DISTRICT
KHANIJA BHAVAN, 7TH WARD
M.P. PRAKASH NAGAR, HOSAPETH
VIJAYANAGAR DISTRICT - 583 131
…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 WRIT OF
CERTIORARI,
QUASHING
THE
DEMAND
NOTICE
BEARING
NO.HI.BHOO.VI/GA.BHOO.EE.HO/2026-27/405, DATED
29.04.2026
CALLING UPON THE PETITIONER TO PAY A SUM OF RS.
1,09,85,590/- (RUPEES ONE CRORES NINE LAKHS EIGHTY FIVE
THOUSAND FIVE HUNDRED AND NINETY ONLY) AS PENALTY BY
INVOKING RULE 44-A OF THE KARNATAKA MINOR MINERAL
CONCESSION
(AMENDMENT)
RULES,
AS
ONE
TIME
SETTLEMENT (OTS) WITH PENAL PROVISIONS IN CASE OF NON- COMPLIANCE WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF
SAID NOTICE VIDE ANNEXURE-B & 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 a demand notice dated 29.04.2026 issued under Rule 44A of the
HC-KAR
Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `1,09,85,590/- for extracting an excess building stone of 1,56,937 metric tons of building stone without payment of royalty.
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.
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 law.
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 29.04.2026 be considered as a show-cause notice and respondent No.3 shall consider the petitioner's response to the said notice and pass a final order after affording the petitioner an opportunity to be heard.
HC-KAR
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.: 14