STATE OF PUNJAB Vs. AMAR NATH

JUDGEMENT

(1.) PLAINTIFF -respondent, Amar Nath took on lease a piece of land and set up a brick kiln thereon. On receipt of a notice dated 24.01.1985, Exhibit P1, from Mining Officer, defendant -appellant No. 2, thereby demanding royalty amounting to Rs. 11,587.20 on the brick earth, he brought Civil Suit No. 411 of 19.07.1986/R.T. No. 74 dated 11.02.1987 before the learned Additional Senior Sub Judge, Bathinda (hereinafter referred to as 'the trial Court') to seek a declaration that the notice was illegal and inoperative as the land, from which excavation was done, belonged to private persons and not to the State Government; and a decree of perpetual prohibitory injunction to restrain defendants appellants from assessing, levying or recovering from him the amount of royalty. Defendants -appellants contested the suit saying that demand of royalty was justified as the brick earth was a minor mineral and vested in the Government, besides raising objections to jurisdiction of the civil Court, maintainability of the suit and non -compliance of Section 80 of the Code of Civil Procedure (for short, the Code). The learned Trial Court on the basis of pleadings of the parties formulated issues as under: - -

(2.) PARTIES adduced evidence and were heard by the learned trial Court.

(3.) NOBODY appears on behalf of the respondent.