- 1 - HC-KAR NC: 2026:KHC:27678-DB WP No. 16834 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 16834 OF 2026 (GM-MM-S) BETWEEN: 1. SRI MAHESH RAI B.V. S/O. SRI VENKAPPA RAI V.S. AGED ABOUT 54 YEARS OCCUPATION: BUSINESS R/AT SUNTIKOPPA MADAPURA ROAD ULUGULLI KODAGU DISTRICT - 571 237 …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 2. THE DIRECTOR DEP. OF MINES AND GEOLOGIST NO.49, RACE COURSE ROAD KHANJIA BHAVANA BENGALURU - 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27678-DB WP No. 16834 of 2026 KODAGU DISTRICT MADIKERI - 571 201 …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, QUASHING THE DEMAND NOTICE DATED 14.05.2026 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST VIDE ANNEXURE-A DEMANDING RS.10,25,56,068/- 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 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 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, inter alia, impugning the demand notice dated 14.05.2026 issued by respondent No.3 demanding an amount of `10,25,56,068/- as penalty in terms of the provisions of Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 as introduced by virtue of - 3 - HC-KAR NC: 2026:KHC:27678-DB WP No. 16834 of 2026 Karnataka Minor Mineral Concession (Amendment) Rules, 2026 [Rules]. 3. The petitioner contends that the impugned notice called upon the petitioner to appear before the concerned officer along with all documents within a period of seven days and also called upon the petitioner to discharge the payment. 4. The petitioner argues that the said demand notice is invalid as it has been issued without affording the petitioner an opportunity to be heard or to contest the grounds on which the notice has been issued. 5. The learned Government Advocate fairly states that the impugned demand notice dated 14.05.2026 be considered as a show cause notice and the petitioner would be at liberty to respond to the said show cause notice and the concerned authorities shall issue final order after affording the petitioner an opportunity of being heard. 6. In view of the aforesaid statement, we dispose of the present petition by directing that the impugned demand notice be considered as a show cause notice. The petitioner may respond to - 4 - HC-KAR NC: 2026:KHC:27678-DB WP No. 16834 of 2026 the same within a period of two weeks from date. The concerned authorities shall take an informed decision in accordance with law after affording the petitioner an opportunity of hearing. 7. We clarify that all rights and contentions of the parties including, regarding the validity of Rule 44A of the Rules are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 11