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2026 DAILYLAW 37556 (KAR)

SRI. DHANANJAYA v. THE STATE OF KARNATAKA,

WP/23203/2026 · 2026-08-28

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010496002026 NC: 2026:KHC:46478-DB WP No. 23203 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. 23203 OF 2026 (GM-MM-S) BETWEEN: 1. SRI DHANANJAYA S/O DODDARANAPPA AGED ABOUT 35 YEARS R/AT BALLAPURA VILLAGE BUKKAPATANA HOBLI SIRA TALUK, SIRA TUMAKURU DISTRICT - 572 115 …PETITIONER (BY SRI SIDDARAMAIAH V.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M. S. BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE TAHASILDAR SIRA TALUK JYOTHI NAGAR, SIRA TUMAKURU DISTRICT - 572 135 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010496002026 NC: 2026:KHC:46478-DB WP No. 23203 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT - THE TAHSILDAR, SIRA TALUK, JYOTHI NAGAR, SIRA, TUMAKURU DISTRICT, TO CONSIDER AND DISPOSE THE APPLICATION FILED BY THE MOTHER OF THE PETITIONER FOR REGULARIZATION OF UNAUTHORISED OCCUPATION (BAGAR-HUKUM GRANT), BY CONSIDERING THE APPLICATION FILED BY MOTHER OF THE PETITIONER, AS PER THE ACKNOWLEDGEMENT (RECEIPT) DATED 04/07/1991, BEARING NO.5993, VIDE ANNEXURE-B & 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, inter alia, impugning the notices dated 29.06.2026 and 09.07.2026 calling upon the petitioner to pay a sum of `20,16,000/- for illegally transporting 5,760 metric tons of soil from the land comprised in Survey No.142 of Balapura Village, Sira Taluk, Tumakuru District. The notices indicate that the said demand is proposed under - 3 - HC-KAR CNR: KAHC010496002026 NC: 2026:KHC:46478-DB WP No. 23203 of 2026 Schedule II and Schedule I-C of the Karnataka Minor Mineral Concession Rules, 1994. 2. The learned Government Advocate who appears on advance notice, submits that although the language of the impugned notices are couched as a demand, they are essentially notices calling upon the petitioner to explain as to why the amounts specified therein should not be imposed. 3. It is the petitioner's case that he has not transported any soil illegally and that the earth work undertaken by him was merely levelling the land for agricultural purposes. 4. In view of the above, we consider it apposite to direct that the impugned notices be considered as show-cause notices and the concerned authority shall consider the averments made in the present petition as the petitioner's response to the said notices . The concerned authorities shall thereafter pass an appropriate order after affording the petitioner an opportunity of hearing. - 4 - HC-KAR CNR: KAHC010496002026 NC: 2026:KHC:46478-DB WP No. 23203 of 2026 5. The petition is disposed of in the above terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 11