ORDER :

Sandeep Mehta, J.

1. The petitioner M/s. Hindustan Zinc Limited has approached this court through this writ petition for assailing the legality and validity of the Rajasthan Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2007 (for brevity, hereinafter referred to as ‘the Rules of 2007’). The validity of the Rules has been challenged on the ground that the framing thereof is beyond the rule making power delegated to the State Government under Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957 (for brevity, hereinafter referred to as ‘the Act of 1957’.

2. Learned counsel Shri Punit Singhvi, representing the petitioner, addressing the court through VC, vehemently and fervently urged that the Rules of 2007 are nothing but an attempt of the State to exercise control over major minerals/specified minerals, to be specific in the case at hand – Lead-Zinc Ore or Lead Zinc Concentrate, which is a specified mineral/major mineral within the meaning of the Act of 1957. He contended that as the Act of 1957 does not give any jurisdiction to the State Government to legislate for the specified minerals/major minerals, the Rules of 2007 are u