- 1 - HC-KAR CNR: KAHC010547142026 NC: 2026:KHC:46120-DB WP No. 24884 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 24884 OF 2026 (GM-MM-S) BETWEEN: 1. SHRI P.S. VENKATESH AGED ABOUT 61 YEARS REPRESENTATED BY HIS POWER OF ATTORNEY SHRI MAHABALESHWAR S/O MAHALINGAPPA SHETTAR HAVING ITS UNIT AT R.S NO. 37 HUVINAL VILLAGE KOPPAL TALUKA AND DSTRICT …PETITIONER (BY SRI 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 SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010547142026 NC: 2026:KHC:46120-DB WP No. 24884 of 2026 3. THE DEPUTY DIRECTOR/SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DC OFFICE, KOPPAL 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 BEARING GABHUI/HIBHUVI/OTS-NOTICE/Koppal:2026-27/476 ISSUED BY THE RESPONDENT No. 3 DATED 21.04.2026 PRODUCED VIDE ANNEXURE-A & 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 impugning a notice dated 21.04.2026 issued under Rule 44A of the Karnataka - 3 - HC-KAR CNR: KAHC010547142026 NC: 2026:KHC:46120-DB WP No. 24884 of 2026 Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `1,47,75,972/- as penalty for extracting excess and encroachment quantity totaling to 131907.84 metric tons of mineral. 3. The petitioner was called upon to visit the concerned office (Office of the Deputy Director, Department of Mines and Geology) within a period of 7 days along with appropriate documents regarding the penalty amount and for settlement of the matter. 4. 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 and despite the petitioner responding by letter dated 28.04.2026 to the demand notice, the same has not been considered. 5. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that the petitioner's response would be considered and an order would be passed after affording the petitioner an opportunity of being heard. - 4 - HC-KAR CNR: KAHC010547142026 NC: 2026:KHC:46120-DB WP No. 24884 of 2026 6. In view of the above, the present petition is disposed of, directing the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice. 7. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time settlement [OTS] as contemplated under Rule 44-A of the KMMC Rules, is voluntary and at the option of the lease/licence holder. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 9