- 1 - HC-KAR CNR: KAHC010519162026 NC: 2026:KHC:50317-DB WP No. 23375 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.23375 OF 2026 (GM-MM-S) BETWEEN: 1. SRI T.M. NASEER S/O T. HASANABBA AGED ABOUT 50 YEARS R/O. BAIT UL IMPAL DIL DHAR STREET NEAR BADRIYA MASJID VIJAYAPURA CHIKKAMAGALURU - 577 102 …PETITIONER (BY 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: KAHC010519162026 NC: 2026:KHC:50317-DB WP No. 23375 of 2026 3. THE SENIOR GEOLOGIST DEPT. OF MINES AND GEOLOGY KHANIJA BHAVANA JYOTHINAGAR CHIKKAMAGALURU - 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 06.05.2026 BEARING NO.GaBhuE-HiBhuChi-OTS- Notice-2026-27/400 ISSUED BY THE 3RD RESPONDENT SENIOR GEOLOGIST OF DEPT. MINES AND GEOLOGY, CHIKKAMAGALURU, DEMANDING RS.3,69,19,410/- 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 & 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 demand notice dated 06.05.2026 issued under Rule 44A of the - 3 - HC-KAR CNR: KAHC010519162026 NC: 2026:KHC:50317-DB WP No. 23375 of 2026 Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay balance amount of `3,69,19,410/- for extracting and transporting an excess quantity of 2,57,109 metric tons of building stone without payment of royalty and also for extracting and transporting 1,51,852 metric tons of building stone by encroached mining. 3. 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. The petitioner may file a response to the same within a period of two weeks from date and the concerned authority shall pass an order after following the principles of natural justice. 5. Given the circumstances, we direct that the impugned demand notice dated 06.05.2026 be considered as a show-cause notice and respondent No.3 shall pass a final order after affording the petitioner an opportunity of hearing. - 4 - HC-KAR CNR: KAHC010519162026 NC: 2026:KHC:50317-DB WP No. 23375 of 2026 6. 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. 7. 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.: 2