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2026 DAILYLAW 36656 (KAR)

SRI DEVIRAMMA STONE CRUSHERS v. STATE OF KARNATAKA

WP/21263/2026 · 2026-08-17

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010473242026 NC: 2026:KHC:43735-DB WP No. 21263 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. 21263 OF 2026 (GM-MM-S) BETWEEN: 1. SRI DEVIRAMMA STONE CRUSHERS REP. BY ITS GPA HOLDER SUDARSHAN H.B. AGED ABOUT 47 YEARS R/O BYPASS ROAD NEAR HIREMANGALURU WATER TANK JYOTHINAGAR CHIKKANAGALURU - 577 102 …PETITIONER (BY SRI AMRUTHESH N.P., ADVOCATE A/W SMT. DEEKSHA N AMRUTHESH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. AMBEDKAR ROAD BENGALURU - 560 001 REP. BY ITS SECRETARY 2. THE DIRECTOR DEPT. OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010473242026 NC: 2026:KHC:43735-DB WP No. 21263 of 2026 3. THE SENIOR GEOLOGIST DEPT OF MINES AND GEOLOGY KHANIJA BHAVANA JYOTHINAGAR CHICKKAMAGALURU - 577 102 …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 OF ANNEXURE-A, THE DEMAND NOTICE DATED 13.05.2026 BEARING NO.GaBhuE-HiBhuChi-OTS- Notice-2026-27/461 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST OF DEPT. MINES AND GEOLOGY, CHIKKAMAGALURU, DEMANDING RS.63,60,340/- AS FINE BY INVOKING THE PROVISIONS OF RULE 44-A OF THE KARNATAKA MINOR MINERALS CONCESSION(AMENDMENT) RULES, 2026 AS ONE TIME SETTLEMENT (OTS) WITH PENAL PROVISIONS IN CASE OF NON- COMPLIANCE WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF SAID NOTICE 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 petitioner has filed the present petition impugning a notice dated 13.05.2026 issued under Section 44-A of the Karnataka Minor Mineral Concession Rules, 1994 calling upon the petitioner to pay an amount of `63,60,340/- for extracting 45,431 - 3 - HC-KAR CNR: KAHC010473242026 NC: 2026:KHC:43735-DB WP No. 21263 of 2026 metric tons of building stone in excess and without payment of royalty. 2. The petitioner has challenged the notice on several grounds, the principal ground being that the said demand has been issued without affording the petitioner an opportunity to be heard. 3. The learned Government Advocate fairly states that the impugned notice may be considered as a show-cause notice and the concerned authority shall pass an appropriate order by following the principles of natural justice. 4. In view of the above, we direct that the impugned notice dated 13.05.2026 be treated as a show-cause notice and the petitioner would be at liberty to file a response to the said notice within a period of two weeks from date. The concerned authority shall pass an appropriate order after affording the petitioner an opportunity of hearing. 5. We clarify that all rights and contentions of the parties are reserved. - 4 - HC-KAR CNR: KAHC010473242026 NC: 2026:KHC:43735-DB WP No. 21263 of 2026 6. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 4