- 1 - HC-KAR NC: 2026:KHC:250-DB RP No. 568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 568/2025 IN WRIT PETITION No. 18094/2025 (GM-MM-S) BETWEEN: 1. M/S SAI SRI BLUE METALS REPRESENTED BY ITS PARTNER SRI SHYLENDRA KUMAR SON OF HARAGADDE VEMANNA VENKATESH AGED ABOUT 38 YEARS SYNO. 47, MAHANTHALINGAPURA VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT - 560 083 …PETITIONER (BY SRI MAHENDRA S.S., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:250-DB RP No. 568 of 2025 GOVERNMENT OF KARNATAKA VIKAS SOUDHA BENGALURU - 560 001 3. THE DISTRICT STONE CRUSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER DC OFFICE BUILDING, K.G. ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT - 560 009 4. THE DISTRICT STONE CRUSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY THE SENIOR GEOLOGIST OFFICE OF TH DISTRICT COMMISSIONER K.G. ROAD, BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT - 560 009. 5. THE DEPUTY CONSERVATOR OF FORESTS BANNERGHATTA NATIONAL PARK BANGALORE - 560 083 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO 5) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 AND 3 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO REVIEW THE ORDER PASSED THIS DIVISION BENCH OF HON'BLE COURT IN W.P. NO.18094/2025 ON 25.11.2025 & ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:250-DB RP No. 568 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The review petitioner has filed the present petition seeking review of the order dated 25.11.2025 passed by this Court in W.P.No.18094/2025 (GM-MM-S). 2. The review petitioner had filed the said petition, inter alia, impugning an order dated 07.12.2024 raising a demand of Rs.87,07,500/- towards lease rent/dead rent for the period during which the licence was not operational. 3. It is the review petitioner's case that its stone crushing operations were suspended pursuant to an order issued by the Senior Geologist, Department of Mines and Geology (Minerals) on 11.09.2018. Thereafter, the review petitioner's request for grant of deemed extension of licence was accepted on 07.12.2024 subject to payment of lease rent/dead rent. According to the review petitioner, since the licence is not operational after 11.09.2018, it is not having any liability to pay any rent. - 4 - HC-KAR NC: 2026:KHC:250-DB RP No. 568 of 2025 4. It is noted that the review petitioner was not issued any notice prior to the order raising demand for Rs.87,07,500/-. Accordingly, we, directed that the communication dated 07.12.2024, whereby a demand had been raised would be treated as a show cause notice and the review petitioner would be at liberty to reply to the same with necessary documents. Paragraph 12 of the order dated 25.11.2025 is set out below: "In view of the aforementioned, the communication dated 7.12.2024 (Annexure B to the writ petition) shall be treated as a show cause notice and the petitioner shall be at liberty to reply to the same with all necessary documents. Respondent No.4, upon receipt of the reply of the petitioner shall afford an opportunity of hearing to the petitioner and pass necessary orders." 5. However, it was also observed that the condition regarding payment of applicable lease rent was not required to be interfered with. 6. The learned counsel for the review petitioner submits that the aforesaid observations would effectively foreclose some of the contentions which the review petitioner proposes to raise in response to the order dated 07.12.2024 (which has been directed - 5 - HC-KAR NC: 2026:KHC:250-DB RP No. 568 of 2025 to be treated as a show cause notice in terms of the order dated 25.11.2025). 7. We find merit in the said grievance. 8. The learned Government Advocate appearing on behalf of the respondents also fairly submits that all the contentions raised by the review petitioner be left open. 9. In view of the above, we clarify that the observations made by this Court in the order dated 25.11.2025 will not preclude the review petitioner from raising such grounds as advised. The concerned authority shall decide the objections to the demand and shall not be influenced by any other observations made in the said order. 10. The petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS, List No.: 2 Sl No.: 31