- 1 - HC-KAR NC: 2026:KHC:31283-DB WP No. 18729 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 18729 OF 2026 (GM-MM-S) BETWEEN: 1. PAWAN UDAPUDI INDUSTRIES PROPRIETOR OF PAWAN METAL SYNDICATE HAVING ITS UNIT AT SY.91/5, 91/7 AND 91/9 HULIKATTI VILLAGE TALUKA AND DISTRICT BELAGAVI …PETITIONER (BY SRI. GOUTAM BHARADWAJ, ADVOCATE FOR SRI GOUDAR PRASHANTH FAKEERAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 2. THE DIRECTOR/ SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31283-DB WP No. 18729 of 2026 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY DISTRICT: BELAGAVI BAUXITE ROAD, KUMARASWAMY LAYOUT BELAGAVI 4. KARNATAKA STATE REMOTE SENSING APPLICATIONS CENTRE, (KSRSAC) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE) OFFICE AT DOORA SAMVEDI BHAVANA MAJOR SADEEP UNNIKRISHNAN ROAD DODDABETTHALLI BENGALURU - 560 097 REPRESENTED BY ITS DIRECTOR …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 IMPUGNED DEMAND NOTICE ISSUED BY THE RESPONDENT No.3 DATED 25.05.2026 PRODUCED VIDE ANNEXURE-A & 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 - 3 - HC-KAR NC: 2026:KHC:31283-DB WP No. 18729 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning a notice dated 25.05.2026 issued under Rule 44A of the Karnataka Mines and Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of `80,56,090/- as penalty for extracting excess quantity of 1,15,087 metric tons of mineral. 2. The petitioner is also called upon to visit the concerned office (Office of the Deputy Director, Department of Mines and Geology) within a period of 7 days along with appropriate documents regarding the penalty amount and for settlement of the matter. However, the petitioner has also been called upon to pay the stipulated penalty within a period of 6 months from the date of service of the notice. The notice also sets out that the petitioner is also permitted to pay the penalty in four equal installments with one installment due every 45 days. 3. One of the contentions advanced by the petitioner is that the said demand is vitiated as it has been issued without following the principles of natural justice and despite the petitioner responding by - 4 - HC-KAR NC: 2026:KHC:31283-DB WP No. 18729 of 2026 letter dated 15.06.2026 to the demand notice, the same has not been considered. 4. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that the petitioner's response would be considered and an order would be passed after affording the petitioner an opportunity of being heard. 5. In view of the above, the present petition is disposed of, directing the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV/List No.: 2 Sl No.: 13