Karnataka High Court
WP/22488/2026 of SRI K M BOPANNA Vs THE STATE OF KARNATAKA on 28 July 2026
CNR: KAHC010497162026 NC: 2026:KHC:38995-DB WP No. 22488 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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.22488 OF 2026 (GM-MM_S) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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.22488 OF 2026 (GM-MM_S)
BETWEEN:
SRI K.M. BOPANNA
S/O LATE K.C. MEDAPPA,
AGED ABOUT 63 YEARS,
OCCUPATION: BUSINESS,
R/AT KALATHMADU VILLAGE,
AMMATHI HOBLI, VIRAJPET TALUK,
KODAGU DISTRICT-571211.
…PETITIONER
(BY SRI. AKASH B. SHETTY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU - 560001.
2.
THE DIRECTOR,
DEPT. OF MINES AND GEOLOGIST,
NO.49, RACE COURSE ROAD,
KHANIJA BHAVAN,
BENGALURU - 560001.
3.
THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
KODAGU DISTRICT,
MADIKERI - 571201.
…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 THE DEMAND NOTICE DATED 04.07.2026
IN No.GaBhuE/HiBhuV(Ko)/OTS-Notice/2026-27/620, ISSUED BY THE
3RD
RESPONDENT-SENIOR
GEOLOGIST,
DEMANDING
Rs.16,25,22,150/- 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, VIDE
ANNEXURE-A.
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 04.07.2026 [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
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`16,25,22,150/-. 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 Additional 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 44-A 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.: 15