( 1 ) IN this batch of writ petitions, all the petitioners have questioned the jurisdiction and competence of the State of U. P. to levy/demand royalty on ordinary earth and other minor minerals which they supply to the Government Departments and other undertakings pursuant to the contract entered between the parties. We are treating Civil Misc. Writ Petition No. 47754 of 2005 as the leading writ petition and, therefore, are giving its facts for proper appreciation of the issues involved in these writ petitions.

( 2 ) THE petitioner in the writ petition, M/s J. K. Constructions Engineers and Contractor, Hyderabad, is a partnership firm and is engaged in Kailash Nath and another v. State of U. P. and others, AIR 1957 SC 790various works aw( 3 ) THE validity of the notification dated 3. 2. 2000 issued by the Government of India by which ordinary earth has been included in the definition of "minor minerals" in clause (e) of Section 3 of the 1957 Act as also the Government Orders dated 2. 2. 2001 and 5. 8. 2002 are under challenge. We have heard Sarvashri S. P. Singh, H. N. Singh, learned counsel, and B. D. Mandhyan, learned senior counsel, assisted by Sri Satish Mandh