ORDER :

The main issue involved in these writ petitions is:

“Whether the State Legislature has legislative competence to enact sub Rule (7) of Rule 42 of the Karnataka Minor Mineral Concession Rules, 1994, authorizing collection of entry fee from a person who transports certain category of minor minerals from other States with valid transit permit to the State of Karnataka?”

2. The challenge in these petitions under Article 226 of the Constitution of India is to the constitutional validity of sub-rule (7) of Rule 42 of the Karnataka Minor Mineral Concession Rules, 1994 (for short, ‘the said Rules of 1994’). Sub-rule (7) of Rule 42 which was incorporated by the Karnataka Minor Mineral Concession (Amendment) Rules 2020 (for short, ‘the Amendment Rules of 2020’) reads thus:

“42 (7): Transportation of processed building stones from other States: An amount of rupees seventy per metric ton shall be collected from the person who transports the processed building stone materials like aggregates or jelly, size stone, boulders, M-sand and other varieties from other States with valid permit.”

3. The petitioners are carrying on the business of stone crushing and manufacture of M-sand in Krishnagi