IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11098 of 1992(O&M) Date of Decision : 18.05.2011 M/s Kamaljit Kaur & Co., BKO ... Petitioner versus State of Punjab & another ... Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. I.S.Bajwa, Advocate for the petitioner. Mr. S.H.Chandu Majra, DAG, Punjab. **** Ajay Tewari, J.(Oral) In this petition the action of the State in demanding royalty from brick kiln owners has been challenged. In this case, sharat- wajab-ul-arz has been annexed as per which brickearth has not been specifically vested with the State Government. In State of Punjab and others versus Subhash Chander, 1991(2) LLR Page 291 it was held as follows: “It would be evident from the above mentioned Sharait-Wajib-ul-arz that there is no specific mention that the brick earth would vest in the government. In view of sub section (2) of Section 42 of the Act, the presumption is that it vests in the proprietors of the land. This presumption is not rebuttable under Section 4(3) of the Act.” Learned State counsel has very fairly stated that the appeal filed by State of Punjab against this judgment has also been dismissed. CWP No.11098 of 1992(O&M) -2- In view of the matter, the State would have no right to claim royalty on brick earth. Consequently, this writ petition stands allowed. The impugned order dated 20.5.1992 demanding royalty is set aside. May 18, 2011 (Ajay Tewari) sonia Judge