##PAGE1##

- 1 -

NC: 2026:KHC:16851-DB WP No. 6476 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026

PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 6476 OF 2024 (GM-MM-S)

BETWEEN:

SMT VEENA H A W/O SRI CHANDU M

AGED ABOUT 52 YEARS, R/AT VENKATESHWARA NILAYA,

H.K.V. NAGARA, B.M. ROAD, NEAR T.B. CIRCLE, MADDUR - 571 428.

…PETITIONER (BY SRI. SHARATH GOWDA G.B., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND MINERALS Digitally

signed by VIDHANA SOUDHA, AMBEDKAR VEEDHI, VEERENDRA KUMAR K M BANGALORE - 560 001

RES BY ITS SECRETARY.

Location:

High Court of Karnataka

2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND MINERALS,

KANIJA BHAVAN, SPOORTHI LAYOUT, BADDIHALLI, RING ROAD,

TUMKURU-571204.

3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND MINERALS,

1ST CROSS, VIDYANAGARA,

- 2 -

NC: 2026:KHC:16851-DB WP No. 6476 of 2024

HC-KAR

MANDYA-571401. …RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/s OR DIRECTION OR ORDER QUASHING THE DEMAND NOTICE DATED 28/07/2023 BEARING NO.GABHUE/UNITU/KAGAGU-722/VALEVA/2023-24 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A b)PASS SUCH

OTHER ORDER/s OR RELIEF/s 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, inter alia, impugning a demand notice dated 28.07.2023 issued by respondent No.2 [The Deputy Director, Department of Mines and Minerals], whereby the petitioner was called upon to pay a total amount of ₹1,25,85,105/- on account of royalty, penalty and

interest in respect of Quarry Lease No.772 in the year 2022-23.

2. Petitioner contended that the said demand notice was issued without issuing any show cause notice or without affording the

petitioner an opportunity of being heard.

- 3 -

NC: 2026:KHC:16851-DB WP No. 6476 of 2024

HC-KAR

3. The said contention is not disputed by the learned Additional

Government Advocate.

4. In view of the above, we consider it apposite to direct that the impugned demand notice be considered as a show cause notice. The petitioner may file written response to the said notice along with all documents which the petitioner seeks to rely on

within a period of 2 (two) weeks from date.

5. Respondent No.2 shall consider the same and pass an appropriate order after affording the petitioner an opportunity of

being heard.

6. The petition, is disposed of accordingly.

7. Pending applications, if any, stand disposed of.

Sd/-

(VIBHU BAKHRU)

CHIEF JUSTICE

Sd/-

(C.M. POONACHA)

JUDGE TSN

List No.: 2 Sl No.: 15