Full Judgment Text
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NC: 2026:KHC:24823-DB
WP No. 14846 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 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
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRY,
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU 560001
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU 560001
3. THE SENIOR GEOLOGIST,
OFFICE OF SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY
OFFICE AT ZILLA SANKIRNA BUILDING,
GROUND FLOOR, HOSAPET ROAD,
KOPPAL 583231
Digitally signed
by SHWETHA
RAGHAVENDRA
Location: HIGH
COURT OF
KARNATAKA
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WP No. 14846 of 2026
HC-KAR
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 2026-
202/465 ISSUED BY THE RESPONDENT NO.3 DATED 21/04/2026
PRODUCED 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;
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HC-KAR
(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
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HC-KAR
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.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
SR/KTY
List No.: 1 Sl No.: 28