Karnataka High Court
WP/19644/2026 of SRI. PRABHU ISHWARAPPA KALYANSHETTI, Vs STATE OF KARNATAKA, on 15 July 2026
CNR: KAHC010438022026 NC: 2026:KHC:36220-DB WP No. 19644 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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.19644 OF 2026 (GM-MM_S) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH 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.19644 OF 2026 (GM-MM_S)
BETWEEN:
SRI. PRABHU ISHWARAPPA KALYANSHETTI,
S/O ISHWARAPPA ALLAPPA KALYANSHETTI,
AGED ABOUT 53 YEARS,
PARTNER AT
M/S. KALYANSHETTI ASSOCIATES,
R/O. H.NO.1790, SOMAWAR PETH,
GOKAK, BELGAUM - 591307.
…PETITIONER
(BY MS. 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.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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3.
THE DEPUTY DIRECTOR,
DEPT. OF MINES & GEOLOGY,
BAUXITE ROAD,
KUMARSWAMY LAYOUT,
BELGAUM - 590019.
…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 22.05.2026
/26.05.2026
IN
NO.GaBhuE:OoNi:BeVi:OTS-NOTICE:2026-27/1355
ISSUED BY THE 3RD RESPONDENT DEPT. DIRECTOR OF DEPT.
MINES & GEOLOGY, BELGAUM, (ANNEXURE-A) DEMANDING
RS.26,25,700/- 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 a notice dated 22.05.2026/26.05.2026 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 `26,25,700/- as penalty for extraction of excess quantity of mineral and encroachment, totaling 36,747 metric tons.
3. The petitioner is also called upon to visit the concerned office (Office of the Deputy Director, Department of Mines and Geology) within a period of 7 days along with appropriate documents regarding the penalty amount and for settlement of the matter. However, the petitioner has also been called upon to pay the stipulated penalty within a period of 6 months from the date of service of the notice. The notice also sets out that the petitioner is also permitted to pay the penalty in four equal installments with one installment due every 45 days.
4. 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.
5. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that if the petitioner submits his response, the same would be considered and
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appropriate orders would be passed after affording the petitioner an opportunity of being heard.
6. 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. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice.
7. 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.
8. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 1 Sl No.: 10