Sandhawalia, J.

1. Whether "brick-earth" has validly been declared to be a minor mineral by virtue of the General Government Notification No. G.S.R. 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil Writ Petitions Nos. 1840 and 2004 of 1970. Identical questions of law and fact arise in these petitions and the learned counsel for the parties are agreed that this judgment shall govern both of them.

2. The broad outline of the facts is not in dispute. It would suffice to make a reference to the facts in Civil Writ No. 2004 of 1970 only to appreciate the primarily legal contentions which have been raised. The petitioner-firm of Messrs. Amar Singh Modi Lal carries on the business of the manufacture of bricks and is a licensee under the Punjab Control of Brick Supply Order 1956. It installed a brick kiln on the land which it took on lease from the Gram Panchayat of village Chhapra Tehsil and District Ambala for production of bricks at the rate of 15000 bricks per year. It is averred that the