- 1 - HC-KAR CNR: KAHC010631082026 NC: 2026:KHC:52764-DB WP No. 28666 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 28666 OF 2026 (GM-MM-S) BETWEEN: 1. SRI ROHAN S/O. SHASHIKANT KOTHIWALE AGED ABOUT 36 YEARS OCC: BUSINESS R/O. 67/2, SHINTRE COLONY BEHIND VSM HIGH SCHOOL NIPPANI (RURAL), NIPPANI POST CHIKKODI TALUK BELAGAVI - 591 237 …PETITIONER (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY BENGALURU - 560 001 2. THE SECRETARY TO GOVERNMENT COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES), ROOM NO. 135 1ST FLOOR, VIKAS SOUDHA BENGALURU-560 001 Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010631082026 NC: 2026:KHC:52764-DB WP No. 28666 of 2026 3. THE DIRECTOR AND COMMISSIONER DEPT. OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BELAGAVI - 590 001 5. KARNATAKA STATE REMOTE SENSING CENTRE (KSRSAC) REPRESENTED BY ITS DIRECTOR DOOARA SAMVEDI BHAVANA MAJOR SANDIP UNNIKRISHNAN ROAD DODDABETTAHALLI VIDYARANYAPURA BENGALURU - 560 097 …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 ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE IMPUGNED NOTICE BEARING NO.GaBhuEe/Uni/BeVi/OTS-Notice: 2026-27/1104 DATED 16/05/2026 ISSUED BY 4TH RESPONDENT DEPUTY DIRECTOR PRODUCED AT ANNEXURE-A, IN TERMS OF GUIDELINES PUBLISHED IN THE OFFICIAL GAZETTE DATED 09/03/2026 FORMULATED UNDER NEWLY INSERTED RULE 44-A OF THE KMMC RULES AND ETC. - 3 - HC-KAR CNR: KAHC010631082026 NC: 2026:KHC:52764-DB WP No. 28666 of 2026 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 notice dated 16.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `33,99,270/- as penalty for extracting excess quantity of 48561 metric tons. 3. The petitioner is also called upon to visit the concerned office within a period of seven days alongwith appropriate documents regarding the penalty amount and for settlement of the matter. However, the petitioner has also been called upon to pay the stipulated penalty within a period of six months from the date of - 4 - HC-KAR CNR: KAHC010631082026 NC: 2026:KHC:52764-DB WP No. 28666 of 2026 service of the notice. The notice also set out that the petitioner is also permitted to pay the penalty in four equal installments with one installment due every 45 days. 4. One of the contentions advanced by the petitioner is that the said demand is vitiated as it has been issued without following the principles of natural justice and despite the petitioner responding by letter dated 02.06.2026 to the demand notice, the same has not been considered. 5. The learned Government Advocate fairly states that the present petition be disposed of by directing that the impugned notice be considered as a show cause notice. He states that the petitioner's response would be considered and an order would be passed after affording the petitioner an opportunity of being heard. 6. In view of the above, the present petition is disposed of, directing that the respondents are bound down to the statement made on their behalf. The impugned order shall be considered as a show cause notice and appropriate orders would be passed after following the principles of natural justice. - 5 - HC-KAR CNR: KAHC010631082026 NC: 2026:KHC:52764-DB WP No. 28666 of 2026 7. 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 44-A of the KMMC Rules, is voluntary and at the option of the lease/licence holder. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS List No.: 2 Sl No.: 3