( 1 ) PETITIONERS are questioning the validity of the Karnataka Forest (Amendment) rules. 2004. As per the notification dated 19-5-2004 State of Karnataka in exercise of the powers conferred under Sec. 102 of the Karnataka Forest Act, 1963 amends the Karnataka Forest Rules, 1969. After presentation of these W. Ps. on 25-8- 2004 amended Rules of 2004 has been further amended in regard to the amendment of Rule 145. These two Rules are called in question in these writ petitions.

( 2 ) AMENDMENT Rules, 2004 as notified on 19-5-2004 reads as hereunder :"amendment to Rules 145 : in Rule 145 of the Karnataka Forest Rule. 1969 after clause (c) the following Clause shall be inserted, namely :- (D) Application for issue of pass shall be accompanied by transportation fee on forest produce at the rate of Rs. 200/- per Cum. For timber, Rs. 25/- per Cum. For firewood/ plywood and Rs. 5/- per pole, Re. 1/- per bamboo-cane in Form No. 28 or 29. " as per the notification dated 25-8-2004 substituted the Amendment Rules, 2004 which reads as hereunder : "amendment of Rule 145 : clause (D) of Rule 145 of the Karnataka forest Rules 1969 shall be substituted as follows : (D) Application for issue of pass shall be accompanied by transportation lee on forest produce at the rate of Rs. 50/- per Cum timber, Rs. 10/- per Cum for Firewood, pulp wood, Re. 1/- per pole, 20 paise per bamboo/cane in Form Nos. 28 and 29. The rates mentioned in the Notification no. EEE 14 FDP 2004 dated 19-5-2004 in respect of Sandal wood in form No. 39 and 40 shall continue. "

( 3 ) THREE different types of parties are challenging these Rules. Some of the petitioners are carrying on the timber business by importing timber and selling the same within the State of Karnataka and some of them are after importing the timber and selling the same outside the State. Some of the petitioners are the cultivators and after obtaining permission to fell the trees, standing in their lands are transporting timber on their own and some of them are selling the timber. Some of the petitioners are timber merchants purchasing timber from individual owners of timber and are transporting the same from the place of felling to their place of business.

( 4 ) UNDER Sec. 50 of the Karnataka Forest act, 1963, State Government can make rules to regulate the transit of various produce. Similarly, Government, has power to levy fee to achieve the object of the Act. Under sec. 102 of the Act, State Government may by notification make Rules to cany out all or any of the purpose of the Act. In ILK 1986 Kant 2298 in case of Bhadravathi Division saw Mill Owners and Timber Merchants association v. State of Karnataka, this Court has interpreted the purpose and object of the Karnataka Forest Act. 1963. According to the said decision, object of the Act is in order to put an end to smuggle forest produce, protect and safeguard the forest produce, protect forest, reserved forest, reserved trees of the State. Strict compliance with the acts and Rules are necessary as the movement in the forest produce and timber within the State either by land or water or by sea or by rail is fully controlled and regulated by the Act. In order to regulate the activities of transportation of forest produce, Government has established several check posts and has also deployed several officers in order to check the smuggling activities and also to regulate the transportation from one place to another place. While regulating the activities of transportation of timber from one place to another, different types of passes are being issued by the State Government under Rule 145 of the Karnataka forest Act, 1969. Without obtaining a pass, timber or any other produce shall not be transported from one place to another place. if timber or other forest produce is purchased from the Government, the person who has to transport the timber or produce need not pay any fee for obtaining such pass. But a person who has imported timber from other countries, i

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