- 1 - HC-KAR CNR: KAHC010635672026 NC: 2026:KHC:52587-DB WP No. 28707 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 28707 OF 2026 (GM-MM-S) BETWEEN: 1. M/S. TULAJA BHAVANI STONE CRUSHER PUNABHAGATTA, HARAPANAHALLI REPRESENTED BY ITS PROPRIETOR B.Y. MALLINATH S/O YANAKANAIK AGED ABOUT 57 YEARS OCC: STONE CRUSHER RESIDENT OF NO.588/A4 1ST MAIN, NEAR NUTHAN COLLEGE VINAYAKA BADAVANE DAVANAGERE - 577 002 …PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560 001 2. THE DIRECTOR DEP. OF MINES AND GEOLOGIST NO.49, RACE COURSE ROAD Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010635672026 NC: 2026:KHC:52587-DB WP No. 28707 of 2026 KHANJIA BHAVANA BENGALURU - 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY VIJAYANAGAR DISTRICT KHANIJA BHAVAN, 7TH WARD M.P. PRAKASH NAGAR, HOSAPETH VIJAYANAGAR DISTRICT - 583 131 …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 WRIT OF CERTIORARI, QUASHING THE DEMAND NOTICE BEARING NO. ಭೂ/ಗಭುಇೊ/2026-27/2124 DATED 31/07/2026 CALLING UPON THE PETITIONER TO PAY A SUM OF RS.2,20,79,382/- (RUPEES TWO CRORES TWENTY LAKHS SEVENTY NINE THOUSAND THREE HUNDRED AND EIGHTY TWO ONLY) AS PENALTY BY INVOKING RULE 44-A OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2026 AS ONE TIME SETTLEMENT (OTS) WITH PENAL PROVISIONS IN CASE OF NON-COMPLIANCE WITHIN 45 DAYS FROM THE DATE OF RECEIPT OF SAID NOTICE VIDE ANNEXURE-B AND 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: KAHC010635672026 NC: 2026:KHC:52587-DB WP No. 28707 of 2026 2. The petitioner has filed the present petition impugning a notice dated 31.07.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `2,20,79,382.10/- as penalty for extracting excess quantity and encroachment quantity of mineral. 3. The petitioner has challenged the notice on several grounds, the principal ground being that the said demand has been issued without affording the petitioner an opportunity to be heard. 4. The learned Government Advocate fairly states that the impugned notice may be considered as a show-cause notice and the concerned authority shall pass an appropriate order by following the principles of natural justice. 5. In view of the above, we direct that the impugned notice dated 31.07.2026 be treated as a show-cause notice and the petitioner would be at liberty to file a response to the said notice within a period of two weeks from date. The concerned authority shall pass an appropriate order after affording the petitioner an opportunity of hearing. - 4 - HC-KAR CNR: KAHC010635672026 NC: 2026:KHC:52587-DB WP No. 28707 of 2026 6. We clarify that all rights and contentions of the parties are reserved. 7. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 12