(1.) The petitioner prays for issuance of a writ of certiorari quashing demand notice dated 28.01.2008 (Annexure P-5), orders passed on 28.05.2008 (Annexure P-7), 22.10.2008 (Annexure P-9), 10.08.2009 (Annexure P-11), Memo No. 237, dated 23.10.2012 (Annexure P-15) and notification dated 03.02.2000 (Annexure P-18), issued under the Punjab Minor Minerals Concession Rules, 1964 (hereinafter referred to as "the 1964 Rules") and under the Punjab Minerals (Vesting of Rights) Act, 1996 (hereinafter referred to as "the 1996 Act"). The petitioner, in essence, prays that the show cause notice and orders requiring the petitioner to pay royalty and price of minor mineral i.e. ordinary earth excavated by the petitioner being illegal and void, may be quashed. The facts of the case that have led to the filing of the writ petition are as follows:-
(2.) The petitioner was awarded a contract to construct an embankment of the Morinda-Khamano rail section in Punjab, relating to the Chandigarh-Ludhiana new broad gauge rail link from Km 51.400 to KM 55.5500, by the Government of India, Department of Railways, vide letter dated 31.07.2007. The petitioner has, admittedly, excavated ordinary earth/sand from private agricultural land owned by Balbir Singh son of Nirmal and Jagtar Singh son of Nirmal Singh, resident of village Bathan, Tehsil Khamano, district Fatehgarh Sahib, after making payment.
(3.) The Assessing Authority, i.e., General Manager-cum-Mining Officer, Department of Industries, District Industries Centre, Mandi Gobindgarh, Punjab, served a demand notice, dated 28.01.2008, under Rule 54-C(6) of the 1964 Rules, calling upon the petitioner to pay Rs. 9,56,250/-, i.e., Rs. 3,18,750/- as royalty and Rs. 6,37,500/- as price of earth. The petitioner filed an appeal, under Rule 54-F, of the 1964 Rules, before the State Geologist, claiming that the petitioner is not liable for payment of royalty or price of ordinary earth as he has excavated ordinary earth from private land after payment of the price and without causing any damage to any canal, trees, and has not excavated earth beyond a level of three feet. The appeal was dismissed on 28.05.2008.