Rajasthan High Court - Jodhpur
Hindustan Zinc Limited vs Union Of India (2025:Rj-Jd:39496-Db) on 4 September, 2025
Bench: Dinesh Mehta, Vinod Kumar Bharwani
[2025:RJ-JD:39496-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1.) D.B. Review Petition (Writ) No. 166/2022
Hindustan Zinc Ltd., Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Ankit Son Of Shri Manvendra Kumar, Aged About 36
Years, Associated General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
Connected With
(2). D.B. Review Petition (Writ) No. 165/2022
Hindustan Zinc Ltd., Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
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Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(3). D.B. Review Petition (Writ) No. 167/2022
Hindustan Zinc Ltd., Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(4). D.B. Review Petition (Writ) No. 168/2022
Hindustan Zinc Ltd., Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
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Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(5). D.B. Review Petition (Writ) No. 169/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(6). D.B. Review Petition (Writ) No. 171/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
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Udaipur.
----Respondents
(7). D.B. Review Petition (Writ) No. 172/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(8). D.B. Review Petition (Writ) No. 173/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bahwan, Swaroop Sagar, Udaipur, Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
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----Respondents
(9). D.B. Review Petition (Writ) No. 179/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(10). D.B. Review Petition (Writ) No. 180/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
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(11). D.B. Review Petition (Writ) No. 181/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(12). D.B. Review Petition (Writ) No. 182/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(13). D.B. Review Petition (Writ) No. 183/2022
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Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(14). D.B. Review Petition (Writ) No. 186/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited , Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(15). D.B. Review Petition (Writ) No. 187/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
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Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited , Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(16). D.B. Review Petition (Writ) No. 188/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zinc Limited , Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(17). D.B. Review Petition (Writ) No. 191/2022
Hindustan Zinc Ltd., Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar Aged About
36 Years, Associate General Manager (Legal) And Head Legal,
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Hindustan Zinc Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(18). D.B. Review Petition (Writ) No. 203/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged Abou
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zind Limited, Yashad Bhawan, Swaroop Sagar,
Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
(19). D.B. Review Petition (Writ) No. 204/2022
Hindustan Zinc Limited, Having Its Registered Office At Yashad
Bhawan, Swaroop Sagar, Udaipur Through Its Power Of Attorney
Holder Kumar Ankit Son Of Shri Manvendra Kumar, Aged Abou
36 Years, Associate General Manager (Legal) And Head Legal,
Hindustan Zind Limited, Yashad Bhawan, Swaroop Sagar,
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Udaipur.
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of Mines,
Government Of India, Shastri Bhawan, New Delhi.
2. The State Of Rajasthan, Through Principal Secretary,
Mines And Geology Department, Government Of
Rajasthan, Jaipur.
3. The Director, Directorate Of Mines And Geology,
Government Of Rajasthan, Jaipur.
4. The Superintending Mining Engineer (Main Ii), Directorate
Of Mines And Geology, Government Of Rajasthan,
Udaipur.
----Respondents
For Petitioner(s) : Mr. Uday N Tiwari (Through VC)
Mr. Akhilesh Rajpurohit
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI (Through VC) Order 04/09/2025
1. Mr. Tiwari, learned counsel for the review-petitioners submitted that by way of the very same notification dated 02.11.2021, not only Rule 24 but also Rule 5 of the Minerals (other then Atomic and Hydro Carbons Energy Mineral) Rules, 2016 (hereinafter referred to as the 'Rules of 2016') was deleted and therefore, the show cause notice issued by the respondent- State is required to be declared a nullity in light of the judgment of Hon'ble the Supreme Court rendered in the case of Kolhapur Canesugar Works & Anrs. vs. Union of India & Ors. in Civil (Uploaded on 09/09/2025 at 10:19:51 AM) (Downloaded on 09/09/2025 at 09:40:22 PM) [2025:RJ-JD:39496-DB] (11 of 12) [WRW-166/2022] Appeal No.2132/1994, decided on February 1, 2000, reported in (2000) 2 SCC 536.
2. With regard to the effect of the deletion of Rule 5 of the Rules of 2016, learned counsel submitted that the judgment of Hon'ble the Supreme Court in the case of Kolhapur Canesugar Works (supra) was cited but the Division Bench of this Court failed to notice such contention and dismissed the writ petitions filed by the petitioners considering the same as pre-mature, while allowing the petitioners to file a reply to the show cause notice.
3. Heard Mr. Tiwari, learned counsel for the review-petitioner.
4. On perusal of the judgment dated 05.08.2022 passed by the Division Bench of this Court rendered in a bunch of writ petitions, lead case being Hindustan Zinc Limited vs. Union of India & Anrs. (D.B. Civil Writ Petition No. 975/2021), we find that neither the contention sought to be raised by the petitioners before this Court, viz., Rule 5 has been obliterated by the very same notification dated 02.11.2021 nor its effect on the impugned notice in light of the judgment of Kolhapur Canesugar Works (supra) was noticed.
5. The contention that though such submission was made but not noticed by the Division Bench in its order under consideration cannot be countenanced let alone accepted.
6. In any case, the petitioners have been given a liberty to file a reply and put forth all its grounds including the submissions made before us.
7. According to us, the ground which the petitioner-company has raised, cannot be construed to be a ground for considering review petitions. The subject order of the Division Bench of this (Uploaded on 09/09/2025 at 10:19:51 AM) (Downloaded on 09/09/2025 at 09:40:22 PM) [2025:RJ-JD:39496-DB] (12 of 12) [WRW-166/2022] Court does not suffer from any apparent error on the face of record.
8. The review petitions are, therefore, dismissed.
9. Needless to observe that while rejecting the review petition, we have not pronounced upon the effect of obliteration or deletion of Rule 5 from the Rules of 2016 and consequential legality of the notices issued by the respondents.
(VINOD KUMAR BHARWANI),J (DINESH MEHTA),J 4-raksha/-
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