- 1 - HC-KAR CNR: KAHC010546932026 NC: 2026:KHC:43768-DB WP No. 24746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 24746 OF 2026 (GM-MM-S) BETWEEN: 1. SHARAVANKUMAR S/O HEMRAJ SHARMA PARTNER SHARADA CRUSHING WORK AGED: 49 YEARS OCC: BUSINESS R/O: M.B.NO.8-5-490/1 SURVEY NO.652/1 GADAG ROAD KOPPAL - 583 231 …PETITIONER (BY SRI/SMT. ADITI P. GOUDAR, 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 KHANJIA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010546932026 NC: 2026:KHC:43768-DB WP No. 24746 of 2026 3. THE DEPUTY DIRECTOR/SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DC OFFICE KOPPAL - 583 231 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 - 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 21/04/2026 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 Government Advocate accepts notice for the respondents. 2. The petitioner has filed the present petition, inter alia, impugning the demand notice dated 21.04.2026 issued by - 3 - HC-KAR CNR: KAHC010546932026 NC: 2026:KHC:43768-DB WP No. 24746 of 2026 respondent No.3 (Senior Geologist) under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994. 3. In terms of the said notice, the petitioner was called upon to pay penalty of `13,04,349/- for extracting excess quantity of 18,633.55 metric tons of building stone without payment of royalty. The petitioner had responded to the said notice on 28.04.2026. Thereafter, respondent No.3 had issued an endorsement dated 15.06.2026 instructing the petitioner to pay the penalty amount within the specified period. The petitioner has once again responded to the same on 20.07.2026. 4. The principal ground on which the petitioner has assailed the impugned notice is that the same has been crystallized without affording the petitioner an opportunity to be heard. 5. The learned Government Advocate fairly states that the impugned notice may be treated as a show-cause notice and respondent No.3 shall pass an appropriate order after affording the petitioner an opportunity of hearing. - 4 - HC-KAR CNR: KAHC010546932026 NC: 2026:KHC:43768-DB WP No. 24746 of 2026 6. As noted above, the petitioner has already furnished his response to the impugned notice. The petitioner has also communicated that he is willing to pay an amount of `4,69,600/- and has requested that the impugned notice be withdrawn. 7. In the given circumstances, we direct that the impugned notice dated 21.04.2026 be considered as a show-cause notice and respondent No.3 shall consider the response submitted by the petitioner and pass an appropriate order after affording the petitioner an opportunity of hearing. 8. 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