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1975 Supreme(All) 146

YASHODANANDAN
Sharma and Co. – Appellant
Versus
The State of U. P. – Respondent


Advocates:
B.D. Mandhyan, for Petitioners; Standing Counsel, for Respondents.

Judgement

ORDER :- This is a petition by 72 brick-kiln owners of Kanpur praying for a writ, order or direction in the nature of certiorari to quash the notification dated 31st August, 1970 (published in the U. P. Gazette dated 12th September, 1970) issued by the State Government purporting to be in pursuance of the provisions of sub-rule (4) of Rule 1 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 - hereinafter referred to as the Rules - by means of which the said Rules, with effect from the date of the publication of the notification in the gazette, were made applicable to 'brick-earth' found anywhere in the State. The further prayer is for the issue of a writ, order or direction in the nature of mandamus directing the respondents not to implement the aforesaid notification dated 31st August, 1970. Apart from making some prayers of a general character, the petitioners also pray for issue of a writ, order or direction in the nature of mandamus directing the respondents not to collect, demand or realize any Royalty from them for using earth of their own land for manufacture of bricks under the impugned notice.

2. Admittedly the petitioners manufacture bricks by excavating ea






























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