2026 Supreme(Online)(Kar) 1293
THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
S R SRINIVAS – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 144/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 144 OF 2026 (GM-MMS)
BETWEEN:
S. R. SRINIVAS
S/O M. RAMAIAH
AGED ABOUT 53 YEARS
RESIDING AT NO.20/5
4TH CROSS, GANESHA BLOCK
SULTAN PALYA
BENGALURU-NORTH-560 032.
…PETITIONER
(BY SRI. MAHENDRA S. S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally
REPRESENTED BY ITS
signed by
NIRMALA PRINICIPLE SECRETARY (MINES)
DEVI
DEPARTMENT OF COMMERCE AND INDUSTRIES
Location:
High Court of VIKAS SOUDHA, 1ST FLOOR
Karnataka
BENGALURU - 560 001.
2. THE DIRECTOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR
NO. SA-9, 2ND FLOOR
JILLADALITHA BHAVAN, PATRENAHALLI CHIKKABALAPURA -562 101.
4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY NO. SA-9, 2ND FLOOR JILLADALITHA BHAVAN, PATRENAHALLI CHIKKABALAPURA - 562 101.
…RESPONDENTS (BY SRI. K. S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING DEMAND NOTICE DATED 16/12/2024 BEARING NO.DMG/DD/KQL/DCB/2024-25/5005, (ANNEXURE-A) AND THE SUBSEQUENT DEMAND NOTICES DATED 04/10/2025 WITH BEARING NO.DMG/DD/KQL/DCB/2025-26 (ANNEXURE-B) AND 18/11/2025 WITH BEARING NO.DMG/DD/KQL/DCB/2025-26/4319 (ANNEXURE-C), ISSUED BY RESPONDENT NO.3 - DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPURA, DEMANDING A SUM OF RS.8,83,151/- TOWARDS ALLEGED ARREARS OF DEAD RENT AND INTEREST IN RESPECT OF QUARRY LEASE NO.27, AS BEING ARBITRARY, ILLEGAL AND WITHOUT AUTHORITY OF LAW 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 MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition for quashing a demand notice dated 16.12.2024 and the subsequent demand notices calling upon the petitioner to pay a sum of Rs.8.83,151/- towards arrears of dead rent and interest in respect of Quarry Lease No.27.
2. It is the petitioner's case that although a lease was granted to the petitioner, the same was not made operational.
3. Concededly, the petitioner has an alternate remedy of revision under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. In view of the above, we decline to entertain the petition. We however clarify that if the petitioner avails of his alternate remedy within a period of two weeks from date, the same would be considered uninfluenced by the aspect of delay.
4. Pending applications, if any, stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE Sd/-
(C.M. POONACHA)
JUDGE VMB, List No.: 2 Sl No.: 17