H M Shanthappa v. State of Karnataka
Case brief
What is this about?
Writ petition disposed on Government Advocate's statement; demand notice under Rule 44A Karnataka Minor Mineral Concession Rules 1994 treated as show cause notice; royalty demand of Rs. 80,66,520/- for building stone extracted/transported without royalty; natural justice and Articles 14, 19(1)(g), 21 contention left undecided; OTS one time settlement under Rule 44A held open - petitioner's plea that OTS is voluntary and optional for lease/licence holder reserved; certiorari under Article 226; respondents bound to statement; no adjudication on merits; High Court of Karnataka; Vibhu Bakhru CJ, K.S. Hemalekha J; Mines and Geology, Chamarajanagar.
What did the court decide?
Petition disposed of on the strength of the Government Advocate's statement, binding the respondents: the impugned demand notice to be treated as a show cause notice, petitioner to respond within two weeks, final order thereafter after hearing; merits not examined; all rights and contentions of the parties reserved.