Karnataka High Court

WP/21220/2026 of SRI DEVEERAMMA STONE CRUSHERS Vs STATE OF KARNATAKA on 31 July 2026

Cites 0, Cited by 0

CNR: KAHC010473202026 NC: 2026:KHC:40101-DB WP No. 21220 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21220 OF 2026 (GM-MM_S) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.21220 OF 2026 (GM-MM_S)

BETWEEN:

SRI. DEVEERAMMA STONE CRUSHERS,

AT MARLE VILLAGE,

CHIKKAMAGALURU TQ. AND DIST.,

REPRESENTED BY ITS

PROP. SUDARSHAN H.B.,

AGED ABOUT 47 YEARS,

R/O BYPASS ROAD,

NEAR HIREMANGALURU WATER TANK,

JYOTHINAGAR,

CHIKKAMAGALURU-577102.

…PETITIONER

(BY SMT. DEEKSHA N. AMRUTHESH, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

DEPT. OF COMMERCE & INDUSTRIES,

VIKASA SOUDHA,

DR. AMBEDKAR ROAD,

BENGALURU-560001

REP. BY ITS SECRETARY.

2.

THE DIRECTOR

DEPT. OF MINES & GEOLOGY,

Digitally signed

by

MAHALAKSHMI

B M

Location: High

Court of

Karnataka

HC-KAR

KHANIJA BHAVAN,

RACE COURSE ROAD,

BENGALURU-560001.

3.

THE SENIOR GEOLOGIST

DEPT. OF MINES & GEOLOGY,

KHANIJA BHAVANA,

JYOTHINAGAR,

CHIKKAMAGALURU-577102.

…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 OF ANNEXURE-A, THE DEMAND NOTICE

DATED 06.05.2026 BEARING NO.GaBhuE:HiBhuChi:OTS-Notice:2026- 27/398 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST OF

DEPARTMENT OF MINES & GEOLOGY, CHIKKAMAGALURU, DEMANDING

RS.48,53,205/-

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

HC-KAR

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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 06.05.2026 [impugned order] issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of `48,53,205/-. The said demand is premised on the allegation that the petitioner has extracted and transported building stone in a licensed quarry area without payment of the requisite royalty.

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.

4. The learned Government Advocate fairly states that the impugned demand notice may be considered as a show cause notice. The petitioner may file a response to the same within a period of two weeks from date and the concerned authority shall

HC-KAR

pass a final order after affording the petitioner an opportunity to be heard.

5. In view of the aforesaid statement, no orders are required to be passed in this petition, except that the respondents would be bound down to the statement, made on their behalf. We clarify that we have not examined the merits of the demand and nothing stated in this order should be construed as such.

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 MBM List No.: 2 Sl No.: 14

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead