Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 14846 OF 2026 (GM-MM_S) BETWEEN: KNR CONSTRUCTIONS LIMITED HAVING ITS OFFICE AT SY.NO.354, KOLIWAD ROAD, ANNIGERI, DHARWAD 582201 THROUGH ITS AUTHORIZED SIGNATORY MR. VITHAL PADASALGI S/O PAYANNA (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956) …PETITIONER (BY SRI. PRASHANTH F GOUDAR .,ADVOCATE) AND:
1. THE STATE OF KARNATAKA Digitally signed
by SHWETHA REPRESENTED BY ITS SECRETARY, RAGHAVENDRA DEPARTMENT OF COMMERCE AND INDUSTRY, Location: HIGH KHANIJA BHAVANA, RACE COURSE ROAD, COURT OF BENGALURU 560001KARNATAKA
2. THE DIRECTOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560001
3. THE SENIOR GEOLOGIST, OFFICE OF SENIOR GEOLOGIST, OFFICE AT ZILLA SANKIRNA BUILDING, GROUND FLOOR, HOSAPET ROAD, KOPPAL 583231 -2-
4. KARNATAKA STATE REMOTE SENSING
APPLICATIONS CENTRE, (KSRSAC) DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (E-GOVERNANCE), OFFICE AT DOORA SAMVEDI BHAVANA, MAJOR SANDEEP UNNIKRISHNAN ROAD, DODDABETTAHALLI, BENGALURU-560097 REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. I. TARANATH POOJARY., AAG A/W SRI. MOHAMMAD JAFFAR SHAH., AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, DIRECTION OR ORDER QUASHING THE DEMAND NOTICE BEARING GABHUE/HIBHUVI/OS-NOTICE/KOPPAL 2026PRODUCED VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and
HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accept notice for respondent No.4 also. Registry is directed to print his name as such.
2. The Petitioner is before this Court seeking for the following reliefs; -3-
(a) Issue a writ of certiorari, direction or order
quashing the demand notice bearing GABHUE/HIBHUVI/OS-NOTICE/KOPPAL 2026-202/465 issued by the Respondent No.3 dated 21.04.2026 produced vide Annexure-A;
(b) Issue a writ of mandamus declaring that Rule 44A
of Karnataka Minor Mineral Concession Rules, 1994 amended in 2026 is ultra vires of the Article 14 and Article 19(1)(g) of Constitution of India and also Section 15 of Mines and Minerals (Development and Regulations) Act, 1957.
(c) Issue such other order/writ/direction which this Hon’ble Court deems fit and necessary in the interest of justice and equity.
(d) Permission to amend the petition may kindly be granted as and when found necessary.
3. Learned Additional Advocate General submits that the
demand notice dated 21.04.2026 at Annexure-A is being withdrawn by respondent No.3 and the new demand notice would be issued to the petitioner to enable the petitioner to reply to the same.
4. The submission of learned Additional Advocate General answers the grievance of the petitioner.
5. Learned counsel for the petitioner submits that in view of
the withdrawal of the demand notice, he would not press the present petition as regards the challenge to the vires -4- of Rule 44A of the Karnataka Minor Mineral Concession Rules, 1994.
6. He seeks liberty to challenge, if so required.
7. Placing his submission on record, the petition stands disposed. (SURAJ GOVINDARAJ) (DR.K.MANMADHA RAO) SR/KTY List No.: 1 Sl No.: 28