Karnataka High Court
WP/15881/2026 of SMT. PADMINI MUTTHANNA, Vs THE STATE OF KARNATAKA on 26 May 2026
NC: 2026:KHC:25269-DB WP No. 15881 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 15881 OF 2026 (GM-MM_S) BETWEEN: SMT. PADMINI MUTTHANNA, W/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT PETITION NO. 15881 OF 2026 (GM-MM_S)
BETWEEN:
SMT. PADMINI MUTTHANNA,
W/O SRI H K MUTTHANNA
AGED ABOUT 65 YEARS
OCUPATION: BUSINESS
R/AT NO.4/391, 4TH CROSS
R.K. LAYOUT, KUSHALNAGARA TALUK
KODAGU DISTRICT - 571 234
REP BY HER GPA HOLDER/SON
SRI CHITTIYAPPA MUTTHANNA
S/O SRI H K MUTTHANNA
AGED ABOUT 34 YEARS
OCCUPATION BUSINESS
R/AT NO.4/391 4TH BLOCK
R.K. LAYOUT, KUSHALANAGARA TALUK
KODAGU DISTRICT - 571 234
…PETITIONER
(BY SRI. PRASANNA V.R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560 001
Digitally
signed by
VIJAYA P
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
2.
THE DIRECTOR
DEPT OF MINES AND GEOLOGIST
NO.49, RACE COURSE ROAD
KHANIJA BHAVANA
BENGALURU - 560 001
3.
THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KODAGU DISTRICT
MADIKERI - 571 201
…RESPONDENTS
(BY SRI. I. THARANATH POOJARY, AAG A/W
SMT. SAVITHRAMMA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE(1) WRIT OF CERTIORARI, QUASHING THE DEMAND
NOTICE DATED.24.04.2026 IN NO.GABHUE/HIBHUV(KO)/OTS- NOTICE/2026-27/61 ISSUED BY THE 3RD RESPONDENT SENOR
GEOLOGIST ANNEXURE-A, DEMANDING RS.4,59,67,670/- 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.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
and
HON'BLE MR. JUSTICE S RACHAIAH
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV) The present writ petition has been filed challenging the notice of demand at Annexure-'A' dated 24.04.2026. In terms of the notice at Annexure - 'A', certain demands have been raised.
2. Learned counsel for the petitioner submits that in an identical factual matrix in W.P.No.15851/2026, an identical demand has been raised, in which an order is passed to treat the demand notice as show cause notice and certain directions were passed, and on parity, a similar order may be passed.
3. Sri I. Tharanath Poojary, learned Additional Advocate General appearing alongwith Smt.Savithramma, learned Additional Government Advocate for the respondent State submits that the order passed in W.P No.15851/2026 is a matter of record and the Court may dispose of the present petition on similar terms.
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4. The observations made in WP No.15851/2026 at paragraph Nos.2 to 6 read as hereunder: " 2. The Petitioner is before this Court seeking for the following reliefs; (a) Writ of Certiorari, quashing the Demand Notice dated 24.04.2026 in No. GaBhuE/HibhuV(Ko)/OTS- Notice/2026-27/54 issued by the 3rd Respondent Senior Geologist Annexure-A, demanding Rs. 5,98,18,150/- 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.
(b) Issue any other writ or order to meets in the end of justice.
3. Sri I. Taranath Poojary, learned Additional Advocate General submits that the impugned demand notice at Annexure-A will be treated as a show cause, the petitioner would be entitled to submit his reply along with necessary document which would be considered and necessary orders passed.
HC-KAR
4. Sri Prasanna V.R., learned counsel for the petitioner submits that reply would be submitted within 15 days from today.
5. Placing both the submissions on record, the petition stands disposed directing the respondents to pass orders on the reply submitted by the petitioner.
6. Until such orders are passed, respondents, needless to say, would not be entitled to take any coercive steps against the petitioner."
5. Taking note of the submissions of both sides the present petition is disposed of on the same terms as in W.P. No.15851/2026 as hereunder:-
(i) The notice of demand at Annexure - 'A' dated 24.04.2026 is to be treated as a Show Cause Notice and the petitioner would be entitled to submit a reply along with documents, which is to be considered and necessary orders to be passed by the respondent. It is further directed that the reply as directed to the notice at Annexure
HC-KAR
- 'A' now ordered to be treated as show cause notice is to be made within a period of 15 days from today.
(ii) Further, it is directed that, till there is consideration of reply of the petitioner, the respondents would not be entitled to take any coercive steps against the petitioner.
6. Accordingly, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE Sd/- (S RACHAIAH) JUDGE AMM List No.: 1 Sl No.: 44