Rajasthan High Court - Jaipur
Sandeep Frieght Carrier vs State Of Rajasthan on 15 December, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18728/2022
1. Sandeep Frieght Carrier, Registered Address- Village
Nasarpur, Tehsil Behror, District Alwar, Rajasthan Through
Partner Hansraj Son Of Raghuveer Singh, Age About 50
Years, Resident Of Village Nasarpur, Tehsil Behror, District
Alwar (Rajasthan)-301701 Registered Owner Of Vehicles
Registration No. Rj 02 Gb 3574.
2. Munshi Lal Son Of Shri Raghuveer Singh, Resident Of
Village Nasarpur, Hamidpur, District Alwar, Presently
Residing At Kotputli, Jaipur (Rajasthan) Registered Owner
Of Vehicle Registration No. Rj 02 Gb 3037.
3. Pritam Son Of Shri Amilal, Resident Of Ward No. 3,
Jatwada Mohalla, Bawal, District Rewari, Presently
Residing At Vpo Kotputli, Jaipur, Rajasthan Registered
Owner Of Vehicle Registration No. Rj 32 Gc 1741.
4. M/s Balaji Enterprises, Registered Address- Village
Narheda, Kotputli, District Jaipur (Rajasthan) Through
Partner Hukam Singh Son Of Shri Satpal Jat, Resident Of
Ward No. 1, Tehsil Mundawar, Village Jaat Behror, District
Alwar (Rajasthan) Registered Owner Of Vehicles
Registration No. Rj32 Gc 5368.
5. Harpal Singh Son Of Shri Sanjiv Kumar, Resident Of
Village Kolana, Rewari, Haryana Registered Owner Of
Vehicle Registration No. Hr 47 D 3484.
----Petitioners
Versus
1. State Of Rajasthan, Transport Department Of Rajasthan,
Secretariat, Jaipur, Rajasthan Through Secretary.
2. Department Of Mining And Geology, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan Through Joint
Secretary.
3. Regional Transport Officer, Rto Office Sikar, District Sikar
(Rajasthan).
4. District Transport Officer, Dto Office, Jhunjhunu, District
Jhunjhunu (Rajasthan).
5. Regional Transport Officer, Rto Office Alwar, District Alwar
(Rajasthan).
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----Respondents
For Petitioner(s) : Mr.Aatish Jain, Adv. For Respondent(s) : Dr.Ganesh Parihar, AAG with Mr.Sameer Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 15/12/2022 Learned counsel for the parties submit that issue raised in the present writ petition is already decided by Coordinate Bench of this Court in the case of Zabir Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1964/2022) and other connected writ petitions, decided by a common order dated 14.03.2022.
This Court, deems it proper to quote the relevant portion of the order passed in the case of Zabir Khan Vs. State of Rajasthan & Ors. (supra), as under:-
"On the joint request and with the consent of the learned counsels for the respective parties, these writ petitions are disposed of in following terms:
(I) The respondents shall launch prosecution against those petitioners/ vehicle owners who do not wish to opt for Amnesty Scheme floated by the respondents for compounding the offence of overloading valid upto 31.03.2022 within two weeks thereafter.
(ii) The vehicle of the petitioners/ vehicle owners shall be de-classified from "blacklisting" immediately.
(iii) Learned Additional Advocate General undertakes to get nomenclature from "blacklisting" changed to any other appropriate and suitable nomenclature reflecting offence(s) committed by the drivers/vehicle owners, on its "Vahan Portal".(Downloaded on 17/12/2022 at 01:04:44 AM)
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(iv) In cases where the allegations of overloading appears to be false on their face in view of some technical glitch, the petitioners/vehicle owners shall be at liberty to submit are presentation for redressal of their grievance(s)within 10 days from today and the learned AAG assures that the same will be considered within a week thereafter vide a reasoned order with its communication to the petitioners/vehicle owners.
(v) For renewal of permit/fitness certificate/registration certificate or of transfer of registration certificate, the respondents shall proceed in accordance with the statutory provisions contained under the Motor Vehicles Act, 1988 without being influenced by the fact that their vehicles have been classified as "blacklisted".
This Court accordingly, finds that the present writ petition also needs to be disposed of in the same terms and conditions which have been agreed by learned counsel for the parties in the case of Zabir Khan Vs. State of Rajasthan & Ors. (supra).
Accordingly, the writ petition stands disposed of.
(ASHOK KUMAR GAUR), J Himanshu Soni/196 (Downloaded on 17/12/2022 at 01:04:44 AM) Powered by TCPDF (www.tcpdf.org)