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2026 DAILYLAW 23892 (KAR)

SHRIPAD A HISHOBKAR v. THE STATE OF KARNATAKA

WP/19196/2026 · 2026-06-30

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32290-DB WP No. 19196 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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.19196 OF 2026 (GM-MM_S) BETWEEN: SHRIPAD A. HISHOBKAR AGED 58 YEARS, PARTNER, M/S. SHIVAM STONE CRUSHERR HAVING ITS UNIT AT 14/1, 14/3, 14/4, 47/3, 47/4, 47/5, 47/6 MARIKATTI VILLAGE, BAILHONGAL TALUK AND DISTRICT BELAGAVI, R/O. SHIVALAYA ROAD, SADASHIV NAGAR, BELAGAVI - 590010. …PETITIONER (BY 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 - 560001. 2. THE DIRECTOR/ SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, KHANJIA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32290-DB WP No. 19196 of 2026 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY DISTRICT: BELAGAVI BAUXITE ROAD, KUMARSWAMY LAYOUT, BELAGAVI - 590019. 4. KARNATAKA STATE REMOTE SENSING APPLICATIONS CENTRE, (KSRSAC) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE), OFFICE AT DOORA SAMVEDI BHAVANA, MAJOR SANDEEP UNNIKRISHNAN ROAD, DODDABETTAHALLI, BENGALURU-560097 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, DIRECTION OR ORDER QUASHING THE IMPUGNED DEMAND NOTICE BEARING NO.GaBhuE/UNi/BeVi/OTS-NOTICE- 2026-27/1165 DATED 18.05.2026 ISSUED BY THE RESPONDENT NO.3 PRODUCED VIDE ANNEXURE-"A", THE IMPUGNED DEMAND NOTICE BEARING NO.GaBhuE/UNi/BeVi/OTS-NOTICE-2026-27/1166 DATED 18.05.2026 ISSUED BY THE RESPONDENT NO.3 PRODUCED VIDE ANNEXURE-"A1" & THE IMPUGNED DEMAND NOTICE BEARING GaBhuE/UNi/BeVi/OTS-NOTICE-2026-27/1167 DATED 18.05.2026 ISSUED BY THE RESPONDENT NO.3 PRODUCED VIDE ANNEXURE-"A2" 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 - 3 - HC-KAR NC: 2026:KHC:32290-DB WP No. 19196 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning notices dated 18.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of `82,24,580/-, `10,44,190/- and `2,65,18,660/- as penalty for extracting excess quantity of 1,17,494, 12,671 and 3,78,838 metric tons of mineral respectively. 2. The petitioner is also called upon to visit the concerned office of respondent No.3 (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 notices. The notices also set 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 - 4 - HC-KAR NC: 2026:KHC:32290-DB WP No. 19196 of 2026 principles of natural justice and despite the petitioner responding by letters dated 12.06.2026 to the demand notices, the same have not been considered. 4. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notices be considered as show cause notices. 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 that the respondents are bound down to the statement made on their behalf. The impugned notices shall be considered as a show cause notices and appropriate orders would be passed after following the principles of natural justice. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 2 Sl No.: 22