STATE OF PUNJAB Vs. BEDI BAJRI CO.

JUDGEMENT

(1.) THIS Appeal has been preferred under clause X of the letters patent against the judgement of M.R.Sharma, J.

(1.) Respondent No. 1 filed a writ petition averring therein that it is engaged in the business of crushing stones and has been extracting minor minerals on the basis of a permit from the Government. It was averred that it has taken land on lease in village Bhadroya, Tehsil Pathankot District Gurdaspur. The minerals, according to respondent No. 1, belong to private citizens and the Government had no right, title or interest in the same. According to respondent No. 1, the State of Punjab was wanting to auction, the minerals lying in the river bed in the aforesaid village which, it has no right to do so, as the minerals belong to Company. The learned Single judge, after placing reliance upon the judgment of the Single Bench in Civil Writ Petition No. 2164 of 1970 allowed the writ petition on the ground that the stone of barjri which is washed down from the hills and deposited on the land could not be considered to be mine or a Khan. The judgment of the Single Bench was upheld in the present case at an early stage. However, the Hon'ble Supreme Court after setting aside the judgment of the Division Bench has remanded the case for a fresh decision. 3. At the very outset, the leaned counsel for the State, has cited a Division Bench judgment before us rendered in the case of Dial Singh an others v. State of Punjab and others, Civil Writ Petition No. 3726 of 1972 decided on 1.10.1996. The following observations of the Division Bench in Dial Singh's case (supra) deserve to be noticed by us :-

(3.) Following the judgment given in Dial Singh's case (supra) we allow the appeal, set aside the judgment of the learned Single Judge and dismiss the writ petition, with no orders as to costs. Appeal allowed.