Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29882-DB WP No. 16819 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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. 16819 OF 2026 (GM-MM-S) BETWEEN:
1.
SRI V.T. DINESH KUMAR S/O. SRI V.M. THIMMAIAH AGED ABOUT 61 YEARS OCCUPATION: BUSINESS R/AT: PUMP HOUSE ROAD BAICHANAHALLI SOMAWARAPET TALUK KODAGU DISTRICT - 571 234 …PETITIONER (BY SMT. LAKSHMIDEVI K., ADVOCATE FOR 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
Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:29882-DB WP No. 16819 of 2026
3.
THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KODAGU DISTRICT MADIKERI - 571 201 …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI, QUASHING THE DEMAND NOTICE DATED 14/05/2026 IN NO.GaBhuE/HiBhuMy/OTS/2026-27/192 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST VIDE ANNEXURE-A, DEMANDING RS.2,13,22,321/- 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 & 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
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HC-KAR NC: 2026:KHC:29882-DB WP No. 16819 of 2026
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner has filed the present petition, inter alia, impugning a demand notice dated 14.05.2026 issued by respondent No.3 under Rule 44-A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to appear before the concerned authority within 7 days along with documents for
discussion and to pay the amount of Rs.2,13,22,321/- as demanded.
3. The petitioner contends that the said demand has been raised without following the principles of natural justice. Although the petitioner has been called upon to appear before the concerned authority along with documents for discussion, the petitioner has also been called upon to pay the amount of Rs.2,13,22,321/-.
4. The learned AGA fairly submits that the impugned demand notice be directed to be considered as a show cause notice and the petitioner would be at liberty to respond to the said notice within a
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HC-KAR NC: 2026:KHC:29882-DB WP No. 16819 of 2026
period of two weeks from today along with all the documents that the petitioner considers necessary and relevant. The concerned authority shall pass the final order and ensure that the principles of natural justice are duly complied with.
5. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time settlement [OTS] as contemplated under Rule 44-A of the KMMC Rules, is voluntary and at the option of the lease/licence holder.
6. The petition is, disposed of, in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 2 Sl No.: 13