STATE OF PUNJAB Vs. SWADESH KUMAR

JUDGEMENT

(1.) The matter has been taken up through Video conferencing on account of outbreak of pandemic COVID-19.

(2.) Earlier M/s Swadesh Kumar had instituted a suit for permanent injunction against State of Punjab and others seeking a decree for permanent injunction restraining the defendants-State from assessing, levying or recovering a sum of Rs.4323.40 paise as royalty from the plaintiff for the earth of land owned and used by the plaintiff for making bricks at their brick kiln.

(3.) The plaintiffs have termed such an act to be highly illegal and against the principles of natural justice terming that notice so sent by the Tehsildar exercising the powers of Assistant Collector (Recovery) was highly vague and the brick kiln having been installed in their own personal property, no such assessment could be made and having been paid for the price of the use of the land to the owner who is a private person had already paid price of the earth which at no point of time vests in the State Government and relied on "Wajib-ul-arz" claimed that the earth which is minor mineral does not belong to the Government and hence the suit.