Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010547302026 NC: 2026:KHC:46476-DB WP No. 24878 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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. 24878 OF 2026 (GM-MM-S)
BETWEEN:
1. ANAND S/O SRIKANT KADAM AGED ABOUT 37 YEARS DIRECTOR, M/S. BELGAUM SILICA PRIVATE LIMITED HAVING ITS UNIT AT R.S. NO. 64/1 HULIKATTI VILLAGE BELGAUM TALUKA AND DISTRICT …PETITIONER (BY MS. 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: KAHC010547302026 NC: 2026:KHC:46476-DB WP No. 24878 of 2026
3.
THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BAUXITE ROAD KUMARSWAMY LAYOUT BELAGAVI
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, DIRECTION OR
ORDER QUASHING THE IMPUGNED DEMAND NOTICE GABHUI/HIBHUVI/OTS-NOTICE-2026- 27/1467 DATED 25/05/2026 ISSUED BY THE RESPONDENT NO.3 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.
- 3 -
HC-KAR
CNR: KAHC010547302026 NC: 2026:KHC:46476-DB WP No. 24878 of 2026
2. The petitioner has filed the present petition impugning a demand notice dated 25.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay an amount of `1,84,55,640/- for extracting and transporting 1,31,826 metric tons of building stone by encroached mining.
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. 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 02.06.2026.
6. Given the circumstances, we direct that the impugned demand notice dated 25.05.2026 be considered as a show-cause notice and respondent No.3 shall consider the petitioner's response
- 4 -
HC-KAR
CNR: KAHC010547302026 NC: 2026:KHC:46476-DB WP No. 24878 of 2026
to the said notice and pass a final order after affording the petitioner an opportunity of hearing.
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 44A of the KMMC Rules, is voluntary and at the option of the lease/licence holder.
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.: 21