SURINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE present Regular Second Appeal is against the judgment and decree dated 15.06.1988 by the learned Additional District Judge, Hoshiarpur whereby the appeal filed by the plaintiff -appellant was dismissed. For convenience sake, hereinafter parties will be referred to as they were arrayed in the trial court i.e. appellant as plaintiff and respondents as defendants.

(2.) BRIEF facts of this case are that the plaintiff filed a suit for declaration that right to assess and demand royalty on manufacturing and sales of bricks did not vest in the State and defendant No. 2 i.e. the Mining Officer, Department of Industries, Punjab is not competent to issue notice. As per plaintiff, he was having a license for sale of bricks. The land from where the bricks were being excavated was owned by Charan Singh and was with him on leave. Defendant No. 2 issued notice for assessing royalty treating the brick earth having been vested in the State. However, the defendant is not competent to demand and recover the royalty. The excavation of earth being used by the plaintiff for manufacturing the bricks is not a minor mineral. More so, the action of defendant No. 2 is against the entry recorded in wajab -ul -arz of the village.

(3.) THE learned trial Court framed the following issues: