STATE OF PUNJAB Vs. CHANGA RAM

JUDGEMENT

(1.) This is defendants, regular second appeal against the judgment and decree of the Additional District Judge, Hoshiarpur, dated 1.2.1991 whereby the appeal filed by the plaintiff was partly allowed.

(2.) The plaintiff filed a suit for declaration to the effect that right to assess and demand royalty on manufacturing and sale of bricks did not vest in the State and the State is not competent and authorised to issue notice to assess and demand royalty from the plaintiff with a consequential relief that the State of Punjab be restrained from demanding and thereby recovering the amount on account of royalty from the plaintiff.

(3.) The defendant resisted the claim of the plaintiff, filed written statement and took preliminary objection to the effect that the brick-earth has been declared as minor mineral vide Government of India notification-, dated June 1, 1958 and so the Punjab Government is competent to charge royalty on all the minerals including the brick earth. The defendant further averred that as per the entries in the "Wajib-Ul-Arj" of village Tilluwal, tehsil Dasuya, District Hoshiarpur, of the year 1852 read with Section 42(1) of the Punjab Land Revenue Act 1887, the right to all the minerals including brick earth vest with the Government and so the suit of the plaintiff is not maintainable.