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2026 DAILYLAW 20988 (KAR)

JNANESH. R v. STATE OF KARNATAKA

WP/17227/2026 · 2026-06-12

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28468-DB WP No. 17227 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH 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.17227 OF 2026 (GM-MM_S) BETWEEN: JNANESH .R AGED ABOUT 50 YEARS, S/O. SRI. LATE RAJANNA, NO.203, JAVAREGOWDA LAYOUT, BOGADI, MYSURU-570 026. …PETITIONER (BY SRI. JAYANTH V., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE-560 001. 2. DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, R.C. ROAD, BANGALORE-560 001. 3. SENIOR GEOLOGIST GRAMA PANCHAYAT ROAD, BEHIND R.T.O. OFFICE, SATHYAMANGALA, HASSAN-573 201. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28468-DB WP No. 17227 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE NOTICE DATED 14/05/2026 ORDER BEARING NO.GABHUE/HIBHUV(KO)/OTS-NOTICE/2026-27/190 ISSUED BY THE RESPONDENT NO.3 (i.e., ANNEXURE-A) AS BEING VIOLATIVE OF ARTICLES 14, 19(1)(g) AND 21 OF THE CONSTITUTION OF INDIA 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 petitioner has filed the present petition, inter alia, impugning the notice dated 14.05.2026 issued by respondent No.3 under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules]. 2. The said notice called upon the petitioner to appear before the concerned office within seven days of receipt of the notice for discussion. The notice also directed the petitioner to pay the "One- Time Settlement [OTS] Penalty" of ` 3,01,68,890/-. - 3 - HC-KAR NC: 2026:KHC:28468-DB WP No. 17227 of 2026 3. The petitioner contends that the said notice has been issued in violation of the principles of natural justice, inasmuch as the petitioner was neither provided with any material on the basis of which the said demand is premised, nor afforded any opportunity of being heard. 4. The learned Additional Government Advocate, submits on instructions, that the impugned notice be considered as a show- cause notice as to why the "One-Time Settlement Penalty" should not be imposed, permitting the petitioner to submit objections. 5. In view of the aforesaid statement, no orders are required to be passed in the present petition. 6. The petitioner shall be at liberty to respond to the said notice within a period of two weeks from date. 7. The concerned authorities shall consider the petitioner's response and take an informed decision after affording the petitioner an opportunity of being heard. 8. The petition is accordingly disposed of. - 4 - HC-KAR NC: 2026:KHC:28468-DB WP No. 17227 of 2026 9. We clarify that all contentions of the parties are kept open. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 6