- 1 - HC-KAR NC: 2025:KHC:35413-DB WP No. 5324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 5324 OF 2024 (GM-MM_S) BETWEEN: SRI GIRIMALLAPPA, S/O GANGAPPA KOKKANAVAR, AGED ABOUT 63 YEARS, OCC: BUSINESS, R/O JAMAKHANDI, KADSIDDESHWARA COLONY, NEAR FOREST OFFICE, WARD NO.12, JAMAKHANDI, BAGALKOT DISTRICT-587 301. …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S.BUILDING, BENGALURU-560 001. 2. THE DIRECTOR, MINES AND GEOLOGY DEPARTMENT, NO.49, KHANIJA BHAVAN, R.C.ROAD, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, NO.67, UNIT-02, NAVANAGAR, BAGALKOT-587 103. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35413-DB WP No. 5324 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING THE NOTICE DATED 03/01/2024 NO.GABHUEE/ UNIBHA/ KAGAGU/ 2023-24/3479 ISSUED BY RESPONDENT NO.3 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE (ANNEXURE-H) ETC. THIS PETITION, COMING ON FOR PRELIMINARYHEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning the notice dated 21.07.2023/03.12.2023, directing petitioner to deposit a penalty amount of ₹3,85,13,650/- in terms of Rule 44 of the Karnataka Minor Minerals Concession Rules, 1994 [the Rules], within a period of 15 days from the date of receipt of the notice and for grant of quarrying licence. 2. The petitioner claims to be the absolute owner of land measuring 03 acres comprising in Survey No. 64/9 located in Chimmada Village, Rabakavi Banahatti Taluk, Bagalkot District. The petitioner had applied for a quarrying licence for carrying out quarrying operations on the land comprising of 02 acres 20 guntas, out of total extent of 03 acres, on 18.06.2020. - 3 - HC-KAR NC: 2025:KHC:35413-DB WP No. 5324 of 2024 3. It is the respondents' case that pursuant to the application made by the petitioner, a Technical Report had been submitted by the jurisdictional Mines and Geology Officer [Geologist], after conducting a spot inspection. The Geologist Report dated 04.11.2022 indicated that the petitioner had indulged in illegal extraction and transportation of building stones. It is alleged that the petitioner had extracted 70,740 metric tons of stones from the said area. Additionally, the Report also stated that the applied area was 200 metres from a major District Road and therefore, the grant of licence for quarrying is prohibited. 4. Respondents state that in view of the said allegations, a letter dated 07.02.2023 was issued to the petitioner, the Tahasildar, the Assistant Director of Land and Records, and Sub Inspector of Police, for conducting a Joint Inspection on 16.02.2023. It is stated that a Joint Inspection was conducted. The petitioner participated in the said inspection, but had declined to sign the Joint Inspection panchanama. 5. It is alleged that the Joint Inspection revealed that petitioner had carried out illegal quarrying and transportation of minerals by extracting 5230 square meters of earth, which would amount to a total of 1,10,039 metric tons of building stones. 6. The Report prepared by the Geologist along with a sketch was also furnished by official respondent No. 3. The District Task Force - 4 - HC-KAR NC: 2025:KHC:35413-DB WP No. 5324 of 2024 Committee had called upon the petitioner to produce the necessary documents. However, the necessary documentary evidence has not been produced. Clearly, the allegations made against the petitioner are substantial. However, the Report does not indicate that any prior notices intimating the quantum of penalty to be imposed, was furnished to the petitioner. The petitioner also alleges that he has not received the copy of the Report of the Geologist on the basis of which, the penalty has been imposed. 7. In view of the above, we consider it apposite to direct that the impugned notice as well as the statement of objections filed by the State be considered as a show cause notice. The petitioner is at liberty to respond to the same within a period of two (2) weeks from date. 8. The concerned respondent shall consider the petitioner's response and take an appropriate decision after affording the petitioner an opportunity to be heard. 9. Petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 41