Karnataka High Court

WP/105661/2026 of M/S S.M.P STONE CRUSHER Vs THE STATE OF KARNATAKA on 17 August 2026

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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

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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

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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.

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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

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