IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4066 of 2011 Date of decision: 8.9.2011 Gurbhej Singh and other …..petitioners vs. State of Punjab and ors …..respondents CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE VIJENDER SINGH MALIK Present: - Mr. Rahul Chatwal, Advocate for the petitioners Mr. A.P.S. Maan, Addl. AG, Punjab for respondents. HEMANT GUPTA, J Grievance of the petitioners is that the mining contract has been given by the State Government vide the agreement dated 27.8.2010 and in terms of the said contract, 1/3rd of the bid amount is to be paid to the petitioners as the owner of the land. Reply on behalf of respondents has been filed. The petitioners filed the rejoinder. Thereafter, the Mining Officer has filed the counter affidavit dated 26.4.2011. In the said affidavit of Mining Officer, it has been averred that the petitioners have been paid the amount for 6 months from 6.8.2010 to 5.2.2011 as well as for 45 days extension from 17.2.2011 to 2.4.2011. It is pointed out that the petitioners are claiming for further 45 days w.e.f. 3.4.2001 to 17.5.2011 whereas the Contractor has given in writing that the mining work has been stopped w.e.f. 6.4.2011. Thus, it is CWP No. 4066 of 2011 sought to be contended that since the mining work has been stopped 1/3rd of the bill amount is not payable to the petitioners. On the other hand, learned counsel for the petitioners has controverted the averments made in the affidavit and asserted that in fact, the mining activities are still to be carried out on the land of the petitioners. We do not find that there are disputed questions of fact as to whether the mining activity is being carried out or not on the land of the petitioners, if the mining activity is carried out on the land by the petitioners, the petitioners shall be entitled to share in the bid amount. But such facts need to be determined. Therefore, the present petition is disposed of with liberty to the petitioner to avail such remedy as is available to the petitioner to assert and prove that the mining activities is being carried out from the land of the petitioner. If such fact is proved the petitioners shall be entitled to the share in the paid amount as per the contract. Disposed of with liberty aforesaid. (HEMANT GUPTA) JUDGE (VIJENDER SINGH MALIK) JUDGE 8.9.2011 preeti 2