1971 Supreme(Raj) 131
TYAGI
Brimco Bricks, Bharatpur – Appellant
Versus
State of Rajasthan – Respondent
Advocates Appeared:
G.M. Lodha, for petitioner; S.K. Tewari Dy Govt. Advocate, for respondents
TYAGI, J.—M/s. Brimco Bricks, Bharatpur, has filed this writ petition under Art. 226 of the Constitution The main business of this firm is to manufacture bricks from brick earth. It is said that the petitioner firm has agricultural lands in its Khatedari bearing Khasra Nos. 891, 892, 893 and 907 to 916 in the town of Bharatpur. Since 1958 this firm is manufacturing bricks and the brick earth is taken out from its agricultural fields. According to the petitioners contention, the Government of Rajasthan in the beginning used to collect royalty on the brick manufactured by the petitioner firm through one Hardwarilal Thekedar, but this practice was given up by the Mining Department after 1965 and thereafter the Department itself started raising demands for the payment of royalty from the petitioner. From the correspondence exchanged between the petitioner firm and the department, it transpires that the petitioner firm was prepared to pay the royalty but it objected to the quantum of the demands raised by the department. Since the amount of royalty could not be settled between the parties, the petitioner has challenged the authority of the department to realise the royalty from the peti
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