The Punjab State and Others vs M/s. Kumar and Company

Nawab Singh, J.—This second appeal has been filed by State of Punjab through Collector and Mining Officer, Department of Industries Punjab, Ludhiana against the judgment and decree dated April 1st, 1986 passed by Additional District Judge, Ludhiana setting aside the judgment and decree dated January 3rd, 1985 of Sub Judge First Class, Ludhiana. The plaintiffs-respondents herein filed suit for permanent injunction averring that the plaintiff firm is a licensee under the Punjab Control of Bricks supply Order and carries on the business of manufacturing and sale of bricks in the revenue limits of village Gill. The land had been leased out to the plaintiff by its owner for excavating of the brick earth from the land in question. The Mining Officer issued an assessment notice for the royalty to the plaintiff firm on January 2nd, 1984 alleging that the royalty is recoverable from the plaintiff firm from September 14th, 1977 to March 31st, 1979. The trial Judge dismissed the suit but in appeal filed by the plaintiff, the suit was decreed.

Learned counsel for State of Punjab-appellants has fairly conceded that in view of the judgments delivered by the Hon''ble Supreme Court in The State of Punjab Vs. Vishkarma and Co. and Others, and this Court in Punjab State through the Collector, Ferozepur and another vs. M/s. Kali Ram ved Parkash Brick Kiln RSA NO. 958 of 1987 decided on March 20th, 2013, the recovery of the royalty by the State of Punjab or the Mining Department was not warranted. In view of this, the appeal filed by the appellants is meritless and is, therefore, dismissed.