- 1 - HC-KAR NC: 2026:KHC:22234-DB WP No. 22532 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 22532 OF 2024 (GM-MM-S) BETWEEN: 1. M/S K2K INFRASTRUCTURE PRIVATE LIMITED NO. 83, 4TH FLOOR PRESTIGE COPPER ARCH INFANTRY ROAD BANGALORE - 560 001 REPRESENTED BY ITS AUTHORISED SIGNATORY SMT. SUPRIYA S. RAO …PETITIONER (BY MR. MANOJ B. YADAV, ADVOCATE FOR SRI R.B. SADASIVAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINES AND GEOLOGICAL DEPARTMENT VIDHANA SOUDAH BANGALORE - 560 001 2. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 13TH FLOOR, V.V. TOWERS DR. AMBEDKAR VEEDHI BANGALORE - 560 001 …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA) Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22234-DB WP No. 22532 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE NOTICE DATED 01/08/2024 VIDE ANNEXURE-D GABHUVI/HIBHUVI/BENJI/UNOFFICIAL/2024-25 ISSUED BY THE 2ND RESPONDENT HEREIN & 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 MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning a notice dated 01.08.2024 alleging violation of Rule 3, 3-A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] and calling upon the petitioner to pay a penalty equal to five times through the Department's ILMS website, in terms of Rule 44(4) of the KMMC Rules. 2. The petitioner contends that it is not carrying on any mining activities and was engaged by a real estate developer to conduct soil investigation. - 3 - HC-KAR NC: 2026:KHC:22234-DB WP No. 22532 of 2024 3. We note that the said notice is bereft of any particulars as to the allegations. It is a standard format, cyclostyled sheet where certain blanks have been filled in. 4. Rule 44(4) of the Karnataka Minor Mineral Concession Rules,1994 reads as under: "If any lessee or licensee or his managers, employees, contractors, consumers or buyers dispatch or transport mineral without valid permit, such lessee or licensee shall be liable to pay a penalty equal to [five] times of royalty of mineral so dispatched or transported and if such dispatch or transport without valid permit happens for any subsequent times of such levy of penalty, then he shall be liable for additional levy of penalty equal to 15 times of royalty for mineral so dispatched or transported for the subsequent time also and the Competent Authority shall also order for determination of lease or licence: Provided that, no such order of determination shall be made [without] giving the lessee or licensee an opportunity being heard." 5. As is apparent from the plain language of the said Rule the same is applicable where a mineral is dispatched or transported by the lessee or licensee or its managers, employees, contractors, consumers or buyers. The impugned notice does not mention that any mineral has been dispatched or transported without payment of royalty. - 4 - HC-KAR NC: 2026:KHC:22234-DB WP No. 22532 of 2024 6. Since the impugned notice is bereft of any particulars, the same is set aside. 7. We, however, clarify that this order would not preclude the authorities from issuing a fresh notice, in the event the concerned authorities seek to institute any action or impose any penalty. All rights and contentions of the parties in this regard are reserved. 8. The petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 39