- 1 - HC-KAR NC: 2026:KHC:13477-DB WP No. 3776 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 3776 OF 2026 (GM-MM-S) BETWEEN: 1. M/S. DILIP BUILDCON LIMITED HAVING ITS REGISTERED OFFICE AT PLOT NO.5, INSIDE GOVIND NARAYAN SINGH GATE CHUNNA BHATI KOLAR ROAD BHOPAL - 462 016 MADHYA PRADESH REPRESENT BY ITS AUTHORISED REPRESENTATIVE MR. HARSHA VARDHAN …PETITIONER (BY SRI ROHAN KOTHARI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHAN SOUDHA BENGALURU - 560 001 REPRESENTED BY HCGP 2. DEPARTMENT OF MINES AND GEOLOGY REPRESENTED BY ITS DIRECTOR NO.49, KANIJA BHAVAN RACE COURSE ROAD Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13477-DB WP No. 3776 of 2026 BENGALURU - 560 001 REPRESENTED BY HCGP 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY VIDYANAGAR, 1ST CROSS MANDYA DISTRICT- 571 401 REPRESENTED BY HCGP 4. THE DEPUTY COMMISSIONER MANDYA PARK ROAD 2 PES COLLEGE CAMPUS NEAR DISTRICT COURT MANDYA - 571 401 REPRESENTED BY HCGP …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 ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE IMPUGNED FINAL NOTICE DATED 25.06.2021 BEARING No. 2021-22/784 (ANNEXURE-A) ISSUED BY THE SENIOR GEOLOGIST (RESPONDENT No.3), DEPARTMENT OF MINES OF MINERALS, MANDYA DISTRICT, KARNATAKA & 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 MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an order dated 25.06.2021, termed as 'final notice' calling upon the - 3 - HC-KAR NC: 2026:KHC:13477-DB WP No. 3776 of 2026 petitioner to pay a penalty amount of `2,20,32,000/- as imposed in terms of the letter dated 03.04.2021. 2. The learned counsel appearing for the petitioner states that the said demand has been raised without issuing any show cause notice or affording the petitioner an opportunity to be heard. 3. We note that a communication dated 27.04.2021 termed as 'show cause notice' was issued to the petitioner alleging that the petitioner had not obtained any permission from the office of the Senior Geologist for transporting murram (soil) from the areas as set out in the said notice. The said notice also indicates that the joint inspection of the areas from where murram is alleged to have been excavated was conducted by the technical officers of the office of the Senior Geologist jointly with the Revenue Inspector of Dudda Hobli as well as the Village Accountant. 4. The present petition has been filed after an excessive delay of over nearly five years. 5. The learned Government Advocate appearing for the respondents also points out that the petitioner has an alternate - 4 - HC-KAR NC: 2026:KHC:13477-DB WP No. 3776 of 2026 remedy of a revision under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. 6. The said submission is countered by the learned counsel for the petitioner. He submits that in similar circumstances, this Court had directed that the final order be treated as a show cause notice. He refers to the order dated 17.03.2025 passed in Writ Petition No.11275/2023 (GM-MM-S) captioned M/s. Dilip Builcon Limited vs. The State of Karnataka and others. 7. It is noted that the said case did not involve the question relating to the delay in approaching this Court. The said decision wad rendered in the facts of that case. 8. In any event, the said decision is not an authority for the proposition that this Court must entertain a writ petition even though an alternate remedy exists. 9. In view of the above, liberty is granted to the petitioner to avail of its alternate remedies. If the petitioner files a revision petition within a period of two weeks from date, the same would be considered uninfluenced by the delay. The learned Government - 5 - HC-KAR NC: 2026:KHC:13477-DB WP No. 3776 of 2026 Advocate appearing for the respondents states that he has no objection to the said direction. 10. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 14