- (1.) This writ petition has been filed by the petitioner, who claims to have been granted lease for mining of minor minerals by the concerned district officer.
(2.) The petitioner is aggrieved by the order of the District Magistrate, whereunder he has been called upon to deposit the transit fee in respect of the minor minerals which have been excavated at a particular place and have been thereafter transported through reserved forest. Such transit fee has been demanded under the U.P. Transit of Timber and other Forest Produce Rules, 1978 (hereinafter referred to as '1978 Rules').
(3.) According to the petitioner, the liability for deposit of the transit fee is upon the person transporting the minor minerals. Petitioner claims that he had supplied the minor minerals to various persons at the mining site. The forest department is not justified in raising the demand of transit fee upon the petitioners only with reference to various Form MM-11 issued to the petitioners, which is necessarily required for transportation of the minor minerals from mines to the place of consumption/storage under the Minor Minerals Rules, 1963.;