Karnataka High Court
WP/22143/2026 of H M SHANTHAPPA Vs STATE OF KARNATAKA on 29 July 2026
CNR: KAHC010493642026 NC: 2026:KHC:39438-DB WP No. 22143 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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. 22143 OF 2026 (GM-MM-S)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH 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. 22143 OF 2026 (GM-MM-S)
BETWEEN:
1.
H.M. SHANTHAPPA
AGED ABOUT 75 YEARS
S/O. LATE MUDDABASAPPA
NO.205, GNANA MARGA
SIDDHARTHANAGAR
MYSORE - 560 011
…PETITIONER
(BY SRI JAYANTH VENKATRAM, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BANGALORE - 560 001
2.
THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN
R.C. ROAD
BANGALORE - 560 001
Digitally
signed by K P
SWETHA
Location:
High Court of
Karnataka
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3.
SENIOR GEOLOGIST
DEPT. OF MINES AND GEOLOGY
NO.316, 317, 3RD FLOOR
DISTRICT ADMINISTRATIVE BUILDING
CHAMARAJANAGAR - 571 313
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
CERIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE
NOTICE
DATED
16.05.2026
BEARING
No.
GaBhuE/HiBhuVi/
Chamara/OTS-Notice/2026-27/415 ISSUED BY THE RESPONDENT
No. 3 (i.e. ANNEXURE-A) AS BEING VIOLATIVE OF ARTICLES 14, 19
(1) (g) AND 21 OF THE CONSTITUTION OF INDIA & 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 the demand notice dated 16.05.2026 [impugned order] issued under
HC-KAR
Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of `10,56,510/-. The said demand is premised on the allegation that the petitioner has extracted and transported building stone in the 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 clearly 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 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.
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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
KPS, List No.: 2 Sl No.: 14