JUDGMENT :

JASWANT SINGH, J.

Through the present petition, Bachittar Singh-petitioner, who is running transport business primarily in Rupnagar and ferrying materials from stone crushers has sought directions to State Authorities to remove illegal private check posts/Nakas collecting illegal royalty/tax installed by private respondent No. 5-Rakesh Kumar Chaudhary in view of Rule 74 of Punjab Minor Mineral Rules, 2013 and further official respondent Nos. 1 to 4 be directed to install check posts as per letter dated 11.10.2019 (Annexure P-2) written by the Secretary-cum-Director, Department of Mines and Geology, Punjab to Deputy Commissioners of Hoshiarpur, Pathankot, Gurdaspur and Ropar.

[2] It is the case of petitioner that in Ropar district at various places numerous illegal check posts have been set up by private respondent No. 5 – Rakesh Kumar Chaudhary, who is collecting Gunda Tax through his men from the truckers and this is not only causing financial loss to the transporters but is also causing harassment to the truck drivers.

[3] After issuance of notice of motion, a reply/affidavit dated 12.02.2020 was filed by Shri Rupinder Singh Pabbla, Executive Engineercum- District Mining Officer (Mining Division), Rupnagar. It has been stated in the affidavit that Mining Block-1, Ropar was put up for auction by the Government of Punjab on 04.07.2019 for extraction of Minor Minerals subject to terms and conditions. The auction was held on 29.07.2019 in which respondent No. 5 was the highest bidder and provisional acceptance was given to him vide letter dated 31.07.2019. The Government of Punjab decided to set-up check posts at Punjab borders to check illegal movement of mined sand and gravel. In this regard directions were also issued to the Deputy Commissioner, Ropar. The Deputy Commissioner, Ropar asked the Mining Officer vide letter dated 31.10.2019 to identify sensitive points in the District for installation of check posts and weigh bridges alongwith estimate. On receipt of complaints by the Deputy Commissioner, Ropar regarding setting up of illegal check points and collection of Royalty and Gunda Tax by unscrupulous elements, he constituted a joint inspection team vide order dated 21.11.2019 which conducted raid at various places and reported that no illegal check post and collection of royalty/Gunda Tax was found. It is further averred in the affidavit that setting up of check posts and weigh bridges by the State Government is already in progress.

[3.1] Simultaneously, Sh. Devinder Singh, Deputy Superintendent of Police, Sub-Division Anandpur Sahib, Rupnagar filed his affidavit dated 19.02.2020 whereby it was stated that he was part of joint committee constituted by the Deputy Commissioner, Ropar vide order dated 21.11.2019 to conduct inspection. Inspection was conducted at Bharatgarh and Miapur areas to check setting up of illegal check posts/nakas and collection of royalty/Gunda Tax. During inspection, statements of Ashu Rana and Deepak Gupta were recorded at Bharatgarh and Miapur respectively, who deposed that the area belongs to private respondent No. 5- Rakesh Kumar Choudhary and their duty was to prevent illegal mining activity. In case there was any, the same was to be reported to respondent No. 5. They further stated that rumours were being spread regarding collection of royalty from truck operators/drivers by illegal miners. Consequently, a report detailing these facts was submitted. Similar findings were reported by the joint committee that conducted inspection at Kanpur Khui and Ailgram. After the completion of inquiry, it was reported that there are no illegal check posts and collection of illegal royalty. FIR No. 88 dated 10.09.2019 was registered on the receipt of complaint of Govt. contractor Balwinder Singh Dhanoa regarding harassment to his drivers and employees by respondent No. 5 for collection of royalty/G