Goods transported through forest areas are covered under the definition of forest produce, making them liable for transit fee under the Transit Rules.

( 1 ) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners who are 15 in number, have sought the following reliefs:-" (i) to issue a writ of certiorari, order or direction in the nature of certiorari quashing the orders dated 25. 11. 2005 and 29. 11. 2005 filed as Annexures 1 and 2 to the writ petition; (ii) to issue a writ of mandamus, order or direction in the nature of mandamus commanding and directing the respondents not to realise transit fee from the petitioners or from any truck of the petitioners carrying excavated mineral from the lease hold area of the petitioners going to purchaser destination while using national highway passing through Jalaun-Auraiya road, Shivpuri-Bhignipur road, Orai-Rath road, Ate-Kotra road and Kalpi-Hamirpur road; (iii) to issue any other writ, order or direction which this Hon"ble Court deem fit and proper under the facts and circumstances of the case and to which the petitioners are entitled in law; (iv) to award cost of the petition to the petitioners. "

( 2 ) BRIEFLY stated, the facts giving rise to the present petition are as follows:-According to the petitioners, they have been granted mining leases for excavation of stone ballast, Khanda and boulder under the provisions of the U. P. Minor Minerals Concession Rules, 1963 (hereinafter referred to as "the Rules" ). The lease has been granted for a period of 10 years and is still subsisting either on account of its renewal or on account of initial grant. They are excavating stone ballast, Khanda and boulder from their respective areas. According to the petitioners, villages Digara, Gora Macchiya, Dunara, Bijauli, Dangriya, Palli Pohari and Khailar situate in Pargana, Tehsil and District Jhansi are outside the forest area. There is neither any reserved forest nor any protected forest nor any private forest adjoining to the aforementioned villages. These villages are in the shape of Pathari villages where Khanda and boulder are available. After the mining activities, the excavated minerals are lifted and transported from the mining site and are transported using Gaon Sabha road and thereafter it reaches the national highway no. 25. These villages are situated near the national highway and there is no forest at all anywhere while transporting the mineral from the mining site of the lease holder areas and going to purchaser destination in Etawah, Jalaun, Lucknow, Kanpur, Unnao etc.

( 3 ) THE mining leases have been granted to the petitioners after obtaining no objection from the Department of Forest in view of the directions given by the Apex Court in the matter of T. N. Godavarman Thirumulkpad v. Union of India and others, decided on 12. 12. 1996. According to the petitioners, prior to the judgment of this Court in the case of Kumar Stone Works and others v. State of U. P. and others, Civil Misc. Writ Petition No. 975 of 2004, decided on 27. 4. 2005, no transit fee was being charged from the petitioners in respect of transportation of stone ballast, Khanda and boulder. The Conservator of Forest/regional Director, Bundelkhand Region, Jhansi, vide order dated 25. 11. 2005, has directed for establishment of check post at various places in the district of Jalaun for checking/regulating the export of timber and other forest produce. By another order dated 29. 11. 2005, the Deputy Conservator of Forest, Orai, has directed the Forest Range Officer, Jalaun, Kalpi, Orai, Eta and Kadaura to act in accordance with the judgment of this Court in Civil Misc. Writ Petition No. 975 of 2004, dated 27. 4. 2005 wherein boulder, Gitti, sand, etc. have been treated as forest produce. According to the petitioners, the order dated 29. 11. 2005 is wholly misconceived as the decision in Civil Misc. Writ Petition No. 975 of 2004 are not applicable to the minerals excavated in the lease hold area which is outside the forest and transportation is through the State highway or the national Highway whe