- 1 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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. 23048 OF 2026 (GM-MM-S) BETWEEN: 1. ARIF HUSSAIN A M S/O A M MALAGI AGED ABOUT 50 YEARS R/AT HOUSE NO.116/92 KIRAVADI LAYOUT DAVANAGERE CITY DAVANAGERE DISTRICT KARNATAKA - 577 004 …PETITIONER (BY SRI BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES) KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 2. THE DIRECTOR / SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 of 2026 RACE COURSE ROAD BENGALURU - 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY VIJAYANAGARA DISTRICT KHANIJA BHAVANA 7TH CROSS, SADASHIV NAGAR M P PRAKASH NAGAR HOSAPETE VIJAYANAGARA DISTRICT - 583 201 4. KARNATAKA STAE REMOTE SENSING APPLICATIONS CENTRE (KSRSAC) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE) REPRESENTED BY ITS DIRECTOR DOORA SAMVEDI BHAVANA MAJOR SANDEEP UNNIKRISHNAN ROAD DODDABETTAHALLI 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 APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED DEMAND NOTICE DATED 30.05.2026 ISSUED BY RESPONDENT No. 3 (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 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. Issue notice. The learned Government Advocate accepts notice for the respondents. 2. The petitioner has filed the present petition impugning a demand notice dated 30.05.2026 issued under Section 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules]. In terms of the impugned demand notice, the petitioner has been called upon to pay penalty of `1,41,98,520/- (Rupees One Crore Forty One Lakh Ninety Eight Thousand Five Hundred and Twenty only) within a period of 45 days from the date of receipt of the said notice. Additionally, the petitioner has been called upon to submit an undertaking in the form of an affidavit, inter alia, stating that any ongoing litigation or proceedings being pursued by the petitioner would be withdrawn as a part of One Time Settlement [OTS]. 3. The petitioner states that he was granted a quarry lease (QL-319) over a land measuring 1 acre in Survey No.6 situated at - 4 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 of 2026 Chatnahalli Village, Harapanahalli Taluk, then within undivided Davanagere District, now Vijayanagara District, for extraction of building stone for a period of five years. The term of the said lease came to an end on 17.10.2012. The petitioner states that thereafter, he applied for renewal of the lease, but the extension was not granted. On 29.07.2014, a joint inspection was conducted and it was alleged that the petitioner had extracted and transported building stones of a value of `6,17,280/- during the period from 19.10.2012 to 27.07.2014. Thereafter, an FIR (FIR No.1418/2014) was also registered at Arasikere Police Station, Harapanahalli alleging offences under Rule 44(1) and 44(2) of the KMMC Rules read with Section 379 of the Indian Penal Code, 1860 [IPC]. It is stated that a charge sheet case (CC No.830/2015) was also filed before the Civil Judge (Junior Division) and JMFC, Harapanahalli. 4. Insofar as the offences under Rule 44(1) and 44(2) of the KMMC Rules are concerned, the petitioner had filed a petition under Section 482 of the Code of Criminal Procedure, 1973 [Cr.P.C] (Crl.P No.7250/2018) which was disposed of by an order - 5 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 of 2026 dated 02.07.2019 with an observation that the authorities are required to proceed for the offences under the KMMC Rules by way of a private complaint under Section 200 of Cr.P.C. Accordingly, the charge sheet in respect of offences punishable under Rule 44(1) and 44(2) of KMMC Rules was quashed and the petitioner was acquitted. It is stated that the petitioner was acquitted of an offence under Section 379 of IPC by an order dated 30.12.2024. 5. The petitioner submits that the allegation in the report submitted by respondent No.4 overlaps some of the allegations in respect of which the petitioner has been acquitted. The petitioner contends that since no further proceedings have been initiated, the demand is unsustainable. 6. The petitioner has also filed a representation in respect of the said impugned notice. 7. The learned Government Advocate fairly states that the impugned demand notice may be considered as a show cause notice. The petitioner's representation will be considered and an - 6 - HC-KAR CNR: KAHC010513432026 NC: 2026:KHC:41490-DB WP No. 23048 of 2026 appropriate order would be passed after affording an opportunity of hearing to him. The respondent is bound down to the said statement. 8. The petition is disposed of in the aforesaid terms. 9. All rights and contentions of the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 9