Karnataka High Court
WP/21490/2026 of SRI DEVEERAMMA STONE CRUSHERS Vs STATE OF KARNATAKA on 21 July 2026
CNR: KAHC010473162026 NC: 2026:KHC:37312-DB WP No. 21490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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.21490 OF 2026 (GM-MM_S) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST 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.21490 OF 2026 (GM-MM_S)
BETWEEN:
SRI DEVEERAMMA STONE CRUSHERS,
REP. 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,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
3.
THE SENIOR GEOLOGIST,
DEPT. OF MINES & GEOLOGY,
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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KHANIJA BHAVANA, JYOTHINAGAR,
CHIKKAMAGALURU-577102.
…RESPONDENTS
(BY SRI. HARISH K.S., 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- 27/397 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST OF
DEPT. MINES & GEOLOGY, CHIKKAMAGALURU, DEMANDING
RS.1,25,45,715/- 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, IN THE
INTEREST OF JUSTICE AND EQUITY 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
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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 06.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules],
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calling upon the petitioner to pay a sum of `1,25,45,715/-. 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.: 21