H.C.P. Tripathi, J. - (1.) THIS writ petition is directed against an order of Sri Mahipal Singh, S.D.O. Karchhana, passed on 13 -3 -64.
(2.) THE Gaon Samaj filed a suit Under Section 211 -A of the UPZA and LR Acton the assertion that the Petitioners have taken illegal possession of the plots belonging to the Gaon Samaj and have started quarrying ballast stones from them without paying any royalty. The Petitioners filed a written statement that they were in possession of the plots for quarrying ballast stones from them on the basis of a lease granted to them by the ex -zamindars on 8 -10 -51 and the Gaon Samaj had no authority to demand any royalty from them. One of the issues framed by the learned Magistrate was that "whether the Defendants work out the mine, if any -. The trying Magistrate held that the Gaon Samaj had ceased to hold any right or interest in such land in which there are quarries and they are not competent to appropriate mineral resources. By a curious reasoning, however, which it is not necessary to discuss here, he decreed the suit but directed the Tahsildar to submit his proposals for auctioning the mineral resources to the District Magistrate.
(3.) MUNSHI Ambika Prasad, learned Counsel for the Petitioners, has argued that as the plots in suit are not land as defined in the ZA Act, the entire proceedings Under Section 211 -A, initiated before the Magistrate, were misconceived and his order is not sustainable. I find force in this contention.;