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2026 DAILYLAW 31293 (KAR)

H M SHANTHAPPA v. STATE OF KARNATAKA

WP/22074/2026 · 2026-07-27

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010493632026 NC: 2026:KHC:38794-DB WP No. 22074 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.22074 OF 2026 (GM-MM_S) BETWEEN: H.M. SHANTHAPPA AGED ABOUT 75 YEARS, S/O. LATE MUDDABASAPPA, NO.205, GNANA MARGA SIDDHARTHANAGAR, MYSORE - 560011. …PETITIONER (BY SRI. JAYANTH V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE - 560001. 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, R.C. ROAD, BANGALORE - 560001. 3. SENIOR GEOLOGIST, DEPT. OF MINES AND GEOLOGY, NO.316, 317, 3RD FLOOR, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010493632026 NC: 2026:KHC:38794-DB WP No. 22074 of 2026 DISTRICT ADMINISTRATIVE BUILDING, CHAMARAJANAGAR - 571313. …RESPONDENTS (BY MR. K.S. HARISH, GOVERNMENT ADVOCATE) 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 16.05.2026 BEARING NO.GaBhuE/HiBhuVi/Chamara/OTS-Notice/2026-27/416 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. 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 Government Advocate accepts notice for the respondents. 2. The petitioner has filed the present petition impugning the demand notice dated 16.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay a sum of `80,66,520/-. The said demand is premised on the allegation that the petitioner has - 3 - HC-KAR CNR: KAHC010493632026 NC: 2026:KHC:38794-DB WP No. 22074 of 2026 extracted and transported building stone in a licensed quarry area without payment of the requisite royalty. 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. 4. The learned Government Advocate clearly states that the impugned demand notice may be considered as a show cause notice. The petitioner may file a response to the same within a period of two weeks from date and the concerned authority shall pass a final order after affording the petitioner an opportunity to be 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. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time - 4 - HC-KAR CNR: KAHC010493632026 NC: 2026:KHC:38794-DB WP No. 22074 of 2026 settlement [OTS] as contemplated under Rule 44A of the KMMC Rules, is voluntary and at the option of the lease/licence holder. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 2 Sl No.: 19