- 1 - HC-KAR CNR: KAHC010558902026 NC: 2026:KHC:44627-DB WP No. 25471 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25471 OF 2026 (GM-MM-S) BETWEEN: 1. SRI SHAMRAO S/O. KHEERU PAWAR AGED 51 YEARS OCC: BUSINESS R/O. 7/15, SHAHABAD ROAD ABBABAI TEMPLE, RAJPUR KALBURGI - 585 105 …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY BENGALURU - 560 001 2. THE SECRETARY TO GOVERNMENT COMMERCE AND INDUSTRIES DEPARTMENT (MSME & MINES), ROOM NO. 135 1ST FLOOR, VIKAS SOUDHA BENGALURU - 560 001 3. THE DIRECTOR & COMMISSIONER DEPT. OF MINES GEOLOGY KHANIJA BHAYAN RACE COURSE ROAD Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010558902026 NC: 2026:KHC:44627-DB WP No. 25471 of 2026 BENGALURU BENGALURU - 560 001 4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY NO. 01, ATAL BIHAR VAJPAYE LAYOUT KOTNOOR(D) KALBURGI - 585102 5. KARNATAKA STATE REMOTE SENSING CENTRE (KSRSAC) REPRESENTED BY ITS DIRECTOR DOOARA SAMVEDI BHAVANA MAJOR SANDIP UNNIKRISHNAN ROAD DODDABETTAHALLI VIDYARANYAPURA BENGALURU - 560 097 …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 OR ANY OTHER ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE IMPUGNED NOTICE BEARING NO.GhaBhuEe/UniKe-OTS-Notice/2026- 27/389 DATED 30/04/2026 ISSUED BY 4TH RESPONDENT DEPUTY DIRECTOR PRODUCED AT ANNEXURE-A, IN TERMS OF GUIDELINES PUBLISHED IN THE OFFICIAL GAZETTE DATED 09/03/2026 FORMULATED UNDER NEWLY INSERTED RULE 44-A OF THE KMMC RULES AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010558902026 NC: 2026:KHC:44627-DB WP No. 25471 of 2026 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 a demand notice dated 30.04.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `1,41,93,480/- for extracting an excess building stone of 2,02,764 metric tons of building stone without payment of royalty and also an amount of `5,03,67,940/- for extracting and transporting 3,59,771 metric tons of building stone in the encroached mining area. 3. One of the grounds on which the petitioner has challenged the impugned notice is that it was issued without affording the petitioner an opportunity to be heard. - 4 - HC-KAR CNR: KAHC010558902026 NC: 2026:KHC:44627-DB WP No. 25471 of 2026 4. The learned Government Advocate fairly states that the impugned demand notice may be considered as a show-cause notice and the concerned authority shall pass an order after following the principles of natural justice. 5. We note that after receipt of the impugned notice, the petitioner has furnished a reply dated 20.06.2026. 6. Given the circumstances, we direct that the impugned demand notice dated 30.04.2026 be considered as a show-cause notice and respondent No.4 shall consider the petitioner's response to the said notice and pass a final order after affording the petitioner an opportunity of hearing. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB, List No.: 2 Sl No.: 11