IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3718 of 1987 Date of Decision : 31.03.2011 State of Punjab and others .......Appellants Versus M/s Tej Brick Supply Company .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. B.B.S. Teji, Sr. DAG, Punjab for the appellant-State. **** JITENDRA CHAUHAN, J. (ORAL) 1. The identical issues stand settled by Hon’ble the Apex Court in C.A. Nos. 1458-1469 of 1988 decided on 5.2.1993, wherein it has been held as under:- “Even otherwise, according to them, when the State has not chosen to adduce any evidence to rebut the presumption arising from the entries in Wajib-ul-arz document – record-of-rights relating to the estates of lands whose brick-earth is allowed by the land-owners to be removed by the brick-manufacturers who are the plaintiffs in the suits out of which the present Civil Appeals have arisen, there can be no valid reason for them to hold that the brick-earth in the lands of the estates concerned has become the property of the State, so as to require the brick-manufacturers to pay royalty for removal of such brick-earth and obtain permits or licences under the Rules.” 2. Accordingly, in view of the observations made in Civil Appeal No.1458-1469 of 1988 – The State of Punjab Vs. M/s Vishkarma & Co. etc., decided on 05.02.1993 by Hon’ble the Supreme Court, the present appeal is dismissed. ( JITENDRA CHAUHAN ) 31.03.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No