- 1 - HC-KAR CNR: KAHC010518992026 NC: 2026:KHC:52559-DB WP No. 23389 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. 23389 OF 2026 (GM-MM-S) BETWEEN: 1. NOOR JAHAN MALAGI W/O. A.M. MALAGI AGED ABOUT 72 YEARS R/AT KIRAVADI LAYOUT DAVANAGERE CITY DAVANAGERE DISTRICT KARNATAKA - 577 004 …PETITIONER (BY SRI BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES), KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 2. THE DIRECTOR/SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU - 560 001 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010518992026 NC: 2026:KHC:52559-DB WP No. 23389 of 2026 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY VIJAYANAGARA DISTRICT KHANIJA BHAVANA, 7TH CROSS SADASHIV NAGAR, M.P. PRAKASH NAGAR HOSAPETE VIJAYANAGARA DISTRICT - 583 201 4. KARNATAKA STATE REMOTE SENSING APPLICATIONS CENTRE (KSRSAC) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE) REPRESENTED BY ITS DIRECTOR DOORA SAMVEDI BHAVANA MAJOR SANDEEP UNNIKRISHNAN ROAD DODDABETTAHALLI 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 APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED DEMAND NOTICE BEARING NO.Hi.Bhuvi/Ga.Bhu.Ee.Ho/2026-27/588 DATED 11.05.2026 ISSUED BY RESPONDENT NO.3 (ANNEXURE-D) 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: KAHC010518992026 NC: 2026:KHC:52559-DB WP No. 23389 of 2026 2. The petitioner has filed the present petition impugning a notice dated 11.05.2026 issued under Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules], calling upon the petitioner to pay the total sum of `6,23,71,890/- as penalty for extracting excess quantity of 80711 metric tons and encroachment quantity of 405158 metric tons of mineral. 3. The petitioner has been called upon to pay the stipulated penalty within a period of 45 days from the date of service of the notice. 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 08.06.2026 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. - 4 - HC-KAR CNR: KAHC010518992026 NC: 2026:KHC:52559-DB WP No. 23389 of 2026 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. 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 SD, List No.: 2 Sl No.: 3