Vinod K. Sharma, J. - This order will dispose of a bunch of appeals bearing RSA Nos, 2376, 2377, 2378, 2379, 2380, 2381, 2382 and 2383 of 1984 in which common substantial questions of law arise for consideration. For the sake of convenience, facts have been taken from Regular Second Appeal No. 2376 of 1984.

2. The plaintiff-appellant filed a suit for permanent injunction restraining the defendants from recovering any amount as royalty from the plaintiff for the earth of land owned by the private owners and used by the plaintiff-firm for making bricks at its brick kiln situated in village Jalalabad, Tehsil Zira.

3. The plaintiff, a registered firm, filed a suit on the plea that it had a brick kiln. For making bricks, the plaintiff digs earth from the land owned by the private owners which is taken on lease and price whereof is paid to the landowners. No part of the land vests in the State Government and according to the entries in the Sharait Wajib-ul-arz, earth does not belong to the Government and in terms of Section 42(2) of the Land Revenue Act the same vests in the landowners. It was claimed that there was no provision in the Mines and Minerals (Regulations and Developm