In all these writ petitions, identical questions of fact and law are involved, therefore, all the writ petitions were taken up together for hearing and are being disposed of by this common judgment with the consent of learned counsel for the parties.

2. Petitioners are involved in the business of mines and minerals. As per Section 41 of the Forest Act, State of Uttar Pradesh was pleased to enact the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 whereunder transit fee @ 5 per ton was imposed for transportation of forest products. After creation of State of Uttarakhand, State of Uttarakhand was pleased to enact the Uttarakhand Transit of Timber and Forest Produce Rules, 2012 thereby enhancing transit fee of forest products from 5 per ton to 50 per ton. Feeling aggrieved from the enhancement of transit fee from 5 per ton to 50 per ton by 2012 amendment, petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution.

3. Mr. R.K. Raizada, Sr. Advocate with Mr. Piyush Garg & Mr. B.S. Adhikari, Advocates appearing for the petitioners, has vehemently argued that although transit fee can be imposed under Rule 5 of the Rules read wi