GRAM PANCHAYAT Vs. STATE

JUDGEMENT

(1.) These are three connected writ petitions in which the petitioners claim to be the owners of minor minerals namely sand, stones and bajri. which are found underneath the lands belonging to them and described in the three petitions. They have called in question the directions of the State of Himachal Pradesh and the Director of Industries which are two of the respondents, whereby the said minor minerals are being put to auctions under separate notifications and the petitioners pray that the said directions regarding auctions be set aside and that the respondents should not interfere with the petitioners right to extract these minor minerals from these lands.

(2.) C. W. P. No. 76 of 1971 pertains to village Sura.ipur. C. W. P. No. 77 of 1971 pertains to village Sirath and C. W. P. No. 78 of 1971 pertains to village Mohtli, all in Tehsil Nurpur, District Kangra.

(3.) The petitioners who are the owners of the disputed lands contend that sand stones and Bajri have been excluded from the record of rights prepared in the settlement of 1918 end in view of Section 42 (2) of the Punjab Land Revenue Act the presumption of ownership arises in their favour. As such the respondents not being the owners of the minor minerals could not make any directions for public auctions in regard to the same. The petitioners who are landowners have executed registered leases in favour of other petitioners and according to them these leases are to be held valid and the lessees cannot be restrained from extracting the minor minerals.