- 1 - HC-KAR CNR: KAHC010554352026 NC: 2026:KHC:50319-DB WP No. 25624 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. 25624 OF 2026 (GM-MM-S) BETWEEN: 1. SHRI SATISH N AGED ABOUT 53 YEARS S/O NAGARAJA NO.P-407, DOLLARS COMFORT APARTMENT 1ST A CROSS ROAD RMV 2ND STAGE HIG COLONY DOLLARS COLONY BENGALURU - 560 094 …PETITIONER (BY SRI CHANDAN GOWDA PATIL, 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 DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVA BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010554352026 NC: 2026:KHC:50319-DB WP No. 25624 of 2026 3. THE DEPUTY DIRECTOR MINES AND GEOLOGY CHITRADURGA OPPOSITE BASAPPA HOSPITAL B L GOWDA LAYOUT CHITRADURGA - 577 501 …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 OR ANY OTHER APPORIATE WRIT, ORDER OR QUASHING IMPUGNED ONE TIME SETTLEMENT NOTICE DATED 15.05.2026 BEARING NO. GBOE/UNCHI/OTS-NOTICE/485 PROPOSING TO DEMAND OF PANALTY OF RS.4,68,81,170/-, ISSUED BY THE RESPONDENT NO.3 ENCLOSED AT ANNEXRE-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 demand notice dated 15.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] calling upon the petitioner to pay an amount of `4,68,81,170/- for - 3 - HC-KAR CNR: KAHC010554352026 NC: 2026:KHC:50319-DB WP No. 25624 of 2026 extracting and transporting an excess quantity of 6,69,731 metric tons of building stone without payment of royalty and also an amount of `9,61,940/- for extracting and transporting 6,871 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. 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 15.05.2026 be considered as a show-cause notice and respondent No.3 shall pass a final order after affording the petitioner an opportunity of hearing. 6. We clarify that all rights and contentions of the parties are reserved including the petitioner's contention that the one time - 4 - HC-KAR CNR: KAHC010554352026 NC: 2026:KHC:50319-DB WP No. 25624 of 2026 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.: 3