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1972 Supreme(HP) 45

D.B.LAL
Gram Panchayat – Appellant
Versus
State – Respondent


Advocates:
Chhabil Dass, for Petitioners; B. Sita Ram, for Respondents.

Judgement

ORDER :- These are three connected writ petitions in which the petitioners claim to be the owners of minor minerals namely sand, stones and bajri, which are found underneath the lands belonging to them and described in the three petitions. They have called in question the directions of the State of Himachal Pradesh and the Director of Industries which are two of the respondents, whereby the said minor minerals are being put to auctions under separate notifications and the petitioners pray that the said directions regarding auctions be set aside and that the respondents should not interfere with the petitioners right to extract these minor minerals from these lands.

2. C. W. P. No. 76 of 1971 pertains to village Surajpur, C. W. P. No. 77 of 1971 pertains to village Sirath and C. W. P. No. 78 of 1971 pertains to village Mohtli, all in Tehsil Nurpur, District Kangra.

3. The petitioners who are the owners of the disputed lands contend that sand, stones and Bajri have been excluded from the record of rights prepared in the settlement of 1918 and in view of Section 42 (2) of the Punjab Land Revenue Act the presumption of ownership arises in their favour. As such the respondents no























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