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9. Precisely, the case set out by the petitioner is that notification dated 10.3.19 issued by the Department of Mines, Government of Rajasthan in purported exercise of the power conferred under Rule 82 of the Rules of 2017, is issued not to regulate the mines and mineral development within the State of Rajasthan, but to restrict the inter-State trade and commerce, which is per se illegal, void and unconstitutional. According to the petitioner, Section 15 of Mines and Minerals (Development and Regulation) Act, 1957 ('MMDR Act') provides for delegation of power to the State Government to make the rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of the minor minerals and for the purposes connected therewith, but while issuing the impugned notifications, the State authorities have ventured far beyond the powers delegated to them by restricting the movement of goods from one State to another, which is besides being beyond the power conferred under the MMDR Act, is violative of Articles 301, 302, 303 & 304 of the Constitution of India.

11. Mr. P.P.Choudhary, learned Senior Advocate appearing for the petitioners contended that the MMDR Act has been enacted to provide for the development and regulation of the mines and minerals under the control of Union. Under Section 15 of the Act, the State Government is empowered to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. The rule making power of the State Government under Section 15 in no manner empowers it to (21 of 51) [CW-4101/2019] restrict the transportation of the mineral excavated in whatever form in inter-state trade and commerce. Learned counsel would submit that the Rule 82 framed by the State Government in purported exercise of power conferred under Section 15 of the MMDR Act, in no manner empowers it to restrict the transportation of any mineral out of the State rather, it permits it to restrict or regulate transportation of mineral from 'any area' which obviously refers to area covered by quarry license or mining lease within the State of Rajasthan. The rule as framed in no manner could be intended to give power to the State Government to restrict the transportation of minerals so as to prohibit its transportation in inter-state trade and commerce inasmuch as any other interpretation of the rule would render it unconstitutional being violative of Article 19(1)(g), 301 & 302 of the Constitution of India.