JAYANTA KUMAR BISWAS ( 1 ) THE only question involved in this writ petition is whether ordinary earth can be considered one of the minor minerals within the meaning of provisions of the mines and Minerals (Regulation and Development) Act, 1957, S. 3 (e), and provisions of the West Bengal Minor Minerals Rules 1973 and 2002. ( 2 ) THE petitioner company was working as a contractor of the eighth respondent (Indian Oil Corporation Limited ). Towards execution of works in terms of the Contract, it extracted ordinary earth, and as a result authorities under the above mentioned Act and Rules demanded royalty and cess. Contending that for extraction of ordinary earth it was not liable to pay royalty and cess the writ petition was taken out. ( 3 ) IT is argued that definition of the expression "minor minerals" did not include ordinary earth as one of the minor minerals, and that the expression "ordinary clay" mentioned in the definition cannot be interpreted to include ordinary earth. Advocate for the petitioner further argues that even in the rules made by the State Government in 1973 ordinary earth was not included as one of the minor minerals. According to him till the Central Government issued appropriate notification including ordinary earth as one of the minor minerals in the list of such minerals, the respondent authorities have no power to take any action against the petitioner for extraction of ordinary earth and also to demand royalty and cess for such extraction. ( 4 ) I agree with advocate for the State that in view of the judgment and order dated june 20, 2001 given by Dilip Kumar Seth, J. in W. P. 6495 (W) of 2001 (M/s. (sic) Consultancy and Agency Service v. The State of west Bengal), the question whether ordinary earth is to be treated as one of the minor minerals within the meaning of provisions of the above mentioned Act and Rules, is no longer res integra, insofar as a single Judge of this Court is concerned. I think, I am bound by the decision given by his Lordship after considering an identical question. His Lordship held that ordinary earth should be treated as one of the minor minerals within the meaning of provisions of the above mentioned Act and Rules. I think, I am bound by the decision given by his Lordship after considering an identical question. His Lordship held that ordinary earth should be treated as one of the minor minerals within the meaning of provisions of the above mentioned Act and Rules. ( 5 ) ADVOCATE for the State has also cited to me two Apex Court decisions : (1) M/s. Banarsi Dass Chadha and Bros. v. Lt. Governor, Delhi Administration, reported in AIR 1978 SC 1587 (observing in para 7 of the report, "we do not agree with the view of the calcutta High Court in State of West Bengal v. Jagadamba Prasad, AIR 1969 Cal 281 that because nobody speaks of 'ordinary earth' as a mineral it is not a minor mineral as defined in the Mines and Minerals (Regulation and Development) Act") and (2) State of orissa v. Union of India reported at AIR 2001 sc 410 . ( 6 ) IT seems to me that in view of the two apex Court decisions and the Single Bench decision of this Court, there is no reason for me to examine the question once again. I agree with advocates for the respondents (advocate for the oil company also says that ordinary earth has to be regarded as one of the minor minerals) that in view of the existing position of law the petitioner is liable to pay royalty and cess for extraction of ordinary earth. Hence there is no reason for me to interfere with the actions taken by the authorities against the petitioner. ( 7 ) FOR these reasons I am unable to give any relief to the petitioner. The writ petition is accordingly dismissed. ( 8 ) THERE shall be no order for costs in it. Urgent certified xerox copy of this order shall be supplied to the parties, if applied for. Petition dismissed.