Karnataka High Court
WP/20401/2026 of M/S S-CUBE ROBO SAND Vs THE STATE OF KARNATAKA on 13 July 2026
NC: 2026:KHC:35272-DB WP No. 20401 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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. 20401 OF 2026 (GM-MM-S) BETWEEN: 1. M/S S-CUBE ROBO
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH 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. 20401 OF 2026 (GM-MM-S)
BETWEEN:
1.
M/S S-CUBE ROBO SAND
A REGISTERED FIRM OF PARTNERS
UNDER THE INDIAN PARTNERSHIP ACT, 1932
WITH ITS REGISTERED OFFICE AT SY NO. 47/4
FIRST FLOOR, KENCHANKUPPE GATE
BIDADI POST, BM ROAD
RAMANAGAR DISTRICT - 562 109
REP. BY ITS MANAGING PARTNER
MR. SHARATH K
AGED ABOUT 36 YEARS
…PETITIONER
(BY SRI RAVEENDRA GAJANAN KOLLE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
2.
THE SECRETARY TO GOVT.
COMMERCE AND INDUSTRIES DEPARTMENT
(MSME AND MINES), ROOM NO. 135
1ST FLOOR, VIKAS SOUDHA
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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3.
THE DIRECTOR AND COMMISSIONER
DEPT. OF MINES AND GEOLOGY
KHANIJ BHAVAN
RACE COURSE ROAD
BENGALURU, BENGALURU - 560 001
4.
THE DEPUTY DIRECTOR AND
COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
APPAJI LAYOUT, NEAR VADERHALLI RAILWAY GATE
RAMANAGAR DISTRICT - 562 159
5.
KARNATAKA STATE REMOTE SENSING
APPLICATIONS CENTRE (KSRSAC)
DOORA SAMVEDI BHAVANA
MAJOR SANDEEP UNNIKRISHNAN ROAD
DODDABETTAHALLI
VIDYARANYAPURA
REPRESENTED BY ITS DIRECTOR
…RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE PROVISO (a) TO RULE 40 OF KMMC RULES, AS PER
NOTIFICATION NO.CI-MMN/205/2022 W.E.F 17.03.2023 PRODUCED
AT ANNEXURE-K EMPOWERS RESPONDENT AUTHORITIES TO
CONDUCT DGPS OR DRONE OR TOTAL STATION SURVEY
'PROSPECTIVELY' AND 'NOT RETROSPECTIVELY' FOR FREEZING
THE REFERENCE OR REDUCED LEVELS FOR SYSTEMATIC AND
SCIENTIFIC
ASSESSMENT
OF
MINERAL
EXTRACTION
AND
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DISPATCH AND FURTHER DECLARE THAT THE RESPONDENTS
ARE
NOT
ENTITLED
TO
RECONSTRUCT
DETERMINE
OR
QUANTIFY
THE
ALLEGED
EXCESS
EXTRACTION
OR
ENCROACHMENT OUTSIDE THE QUARRY LEASE AREA PRIOR TO
17.03.2023 BASED ON SUCH DGPS OR DRONE OR TOTAL STATION
SURVEY 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 petitioner has filed the present petition, inter alia, impugning the notice dated 18.05.2026 issued under Section 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules].
2. The petitioner contends that the impugned demand notice is premised on a unilateral DGPS and drone surveys conducted in 2023 to "reconstruct" and quantify mining activities dating back to 2006-2007 a period for which no scientific base line data existed. It
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is further submitted that proviso (a) to Rule 40 of the KMMC Rules, which was notified on 17.03.2023, expressly mandates that such surveys be conducted to freeze reference levels of concession areas "prospectively" and "not retrospectively" to facilitate future assessments. He submits that the impugned demand notice is premised on the reference points which did not exist at the material time. The petitioner also seeks a declaration that the proviso (a) to Rule 40 of the KMMC Rules does not apply retrospectively.
3. The aforesaid prayers are sought in the context of the challenge to the notice dated 18.05.2026.
4. The learned Government Advocate fairly states that the demand notice dated 18.05.2026 be considered as a show cause notice. The petitioner has already submitted his response to the said notice. The concerned authorities shall consider the same and pass an appropriate informed order after affording the petitioner an opportunity of being heard.
5. In view of the above, we do not consider it apposite to examine the petitioner's grievance regarding implementation of
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proviso (a) to Rule 40 of the KMMC Rules, retrospectively. All rights and contentions of the parties are reserved.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 2 Sl No.: 12