- 1 - HC-KAR NC: 2026:KHC:31985-DB WP No. 18765 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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. 18765 OF 2026 (GM-MMS) BETWEEN: 1. NIKHIL SUDHIR GOGARE AGED ABOUT 35 YEARS, PARTNER, NIKHIL GOGARE M SAND INDUSTRIES HAVING ITS PRINCIPAL PLACE OF BUSINESS AT MICHIGAN COMPOUND 1341, DHARWAD DHARWAD, KARNATAKA-580007 …PETITIONER (BY SRI GOUTAM BHARADWAJ, ADVOCATE FOR SRI GOUDAR PRASHANTH FAKKERAGOUDA.,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 KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU - 560001 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31985-DB WP No. 18765 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 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 QUASHING THE IMPUGNED DEMAND NOTICE ISSUED BY THE RESPONDENT NO.3 DATED 25/05/2026 PRODUCED VIDE ANNEXURE-A 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 Additional Government Advocate accepts notice for the respondents. - 3 - HC-KAR NC: 2026:KHC:31985-DB WP No. 18765 of 2026 2. The petitioner has filed the present petition impugning the demand notice dated 25.05.2026 [impugned order] issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994. The petitioner is aggrieved, inter alia, on the ground that the said demand notice has been issued without affording the petitioner any opportunity to be heard. It is contended that the impugned order is liable to be set aside as it has been issued in violation of principles of natural justice. 3. We note that in terms of the impugned order, the petitioner has been called upon to pay a penalty of `8,46,440/- on account of extracting excess quantity. Although the demand has been crystallized, the petitioner has also been directed to visit the concerned Office (Office of the Deputy Director, Department of Mines and Geology) within a period of 7 days "to consult and settle the matter". 4. The learned Additional Government Advocate fairly states that the impugned order may be construed as a show cause notice. The petitioner is at liberty to respond to the same within a period of 4 weeks from date. And, the concerned authorities would consider - 4 - HC-KAR NC: 2026:KHC:31985-DB WP No. 18765 of 2026 the petitioner's response, and an order would be passed after affording the petitioner an opportunity of being heard. 5. In view of the aforesaid statement, no orders are required to be passed in this petition, except that the respondents would be bound down to the statement made on their behalf. We clarify that we have not examined the merits of the demand and nothing stated in this order should be construed as such. 6. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD, List No.: 2 Sl No.: 14