Karnataka High Court

WP/21514/2026 of M/S GMM ENTERPRISES Vs STATE OF KARNATAKA on 20 July 2026

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CNR: KAHC010479602026 NC: 2026:KHC:37009-DB WP No. 21514 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 21514 OF 2026 (GM-MM-S)

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH 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. 21514 OF 2026 (GM-MM-S)

BETWEEN:

1.

M/S GMM ENTERPRISES

A PARTNERSHIP FORMED VIDE A

PARTNERSHIP DEED

REG.OFF. #3368/1

SHAMANUR ROAD

LAKSHMI FLOUR MILL

LAKSHMI FLOUR MILLS PREMISES

DAVANAGERE - 577 004.

REP. BY ITS OWNER S.S. GANESH

…PETITIONER

(BY MS. DEEKSHA N AMRUTHESH, ADVOCATE FOR

SRI AMRUTHESH N P, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

DEPT. OF COMMERCE & INDUSTRIES

VIKASA SOUSHA

DR. AMBEDKAR ROAD

BENGALURU - 560 001

REP. BY ITS SECRETARY

Digitally

signed by

SRIDEVI S

Location:

High Court

of Karnataka

HC-KAR

2.

THE DIRECTOR

DEPT. OF MINES & GEOLOGY

KHANIJA BHAVAN

RACE COURSE ROAD

BENGALURU - 560 001

3.

THE SENIOR GEOLOGIST

DEPT. OF MINES & GEOLOGY

VIDYANAGAR

DAVANAGERE - 577 005

…RESPONDENTS

(BY MS. NILOUFER AKBAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

OF CERTIORARI, QUASHING OF ANNEXURE-A, THE DEMAND

NOTICE DATED 15.05.2026 BEARING NO.GaBhuE-HiBhuDa:OTS- Notice-2026-27/280 ISSUED BY THE 3RD RESPONDENT SENIOR

GEOLOGIST OF DEPT. MINES AND GEOLOGY, DAVANAGERE, DEMANDING

RS.1,03,05,680/-

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 45 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

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ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The learned Additional Government Advocate accepts notice for the respondents.

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2. The petitioner has filed the present petition impugning the demand notice dated 15.05.2026 [impugned order] issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994. The petitioner is aggrieved, inter alia, on the ground that the said demand notice has been issued without affording the petitioner any opportunity to be heard. It is contended that the impugned order is liable to be set aside as it has been issued in violation of principles of natural justice.

3. We note that in terms of the impugned order, the petitioner has been called upon to pay a penalty of `1,03,05,680/- on account of extracting excess quantity. Although the demand has been crystallized, the petitioner has also been directed to visit the concerned Office (Office of the Deputy Director, Department of Mines and Geology) "to consult and settle the matter".

4. The learned Additional Government Advocate fairly states that the impugned order may be construed as a show cause notice. The petitioner is at liberty to respond to the same within a period of 4 weeks from date. And, the concerned authorities would consider

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the petitioner's response, and an order would be passed after affording the petitioner an opportunity of being 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 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 SD List No.: 2 Sl No.: 18

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