Rajasthan High Court - Jaipur
Ramlal S/O Shri Bhaguram vs State Of Rajasthan on 14 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. 18546/2022
1. Ramlal S/o Shri Bhaguram, Aged About 62 Years, R/o
Khatkado Ka Bass, Tilanesh, Nagaur (Raj.). Owner Of
Vehicle Registration No.rj21 Rf 9798.
2. Prem Sukh S/o Shri Prahlad Ram, Aged About 50 Years,
R/o Panchroliya Kalan, Rasaliyawas, Nagaur (Raj.). Owner
Of Vehicle Registration No. Rj21 Rg 5080.
3. Bajrang Lal S/o Shri Ram Kumar, Aged About 42 Years,
R/o Narodara (Rural), Sikar (Raj.). Owner Of Vehicle
Registration No. Rj02 Gb 2077.
4. Samina Bano W/o Parvej, Aged About 48 Years, R/o
Village Baliya, Didwana, Nagaur (Raj.). Owner Of Vehicle
Registration No.rj37 Ga 4520.
5. Mehbub Khan S/o Mangu Khan, Aged About 47 Years, R/o
Fagli, Chenar (Rural), Nagaur (Raj.). Owner Of Vehicle
Registration No.rj21 Rh 5079.
6. Nanu Devi W/o Parama Ram, R/o Megavalo Ka Bass,
Ward No.3, Village Gajsukhdesar, Tehsil Nokha, Bikaner
(Raj.). Owner Of Vehicle Registration No. Rj50 Gb 1683.
7. Sher Singh S/o Amar Singh, R/o Village Morkhana, Tehsil
Nokha, Bikaner (Raj.). Owner Of Vehicle Registration No.
Rj50 Ga 2765.
8. Tila Ram S/o Bhaira Ram, R/o 520, Ghatiyalo Ki Dhani
Kakku, Tehsil Nokha, Bikaner (Raj.). Owner Of Vehicle
Registration No. Rj18 Ga 3512.
9. Sarwan Ram S/o Dhana Ram, R/o Sekhsar, Nokha,
Bikaner (Raj.). Owner Of Vehicle Registration No. Rj07 Gb
2700.
10. Kisna Ram S/o Kumbha Ram, R/o Shiv Khakti Gas Godam
Ke Piche, Bangla Nagar, Bikaner (Raj.). Owner Of Vehicle
Registration No. Rj07 Gd 1071 And Rj07 Gc 7771.
11. Sharwan Ram S/o Tulchha Ram, R/o Dhundhawalo Ki
Dhaniya Naya, Gaon Alay, Nagaur (Raj.). Owner Of
Vehicle Registration No. Rj07 Gc 0782 And Rj21 Gc 8386.
12. Sandeep Kumar Saran S/o Shri Daulat Ram Saran, R/o
Shimla, Sardarsahar, Churu (Raj.) Owner Of Vehicle
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(2 of 3) [CW-18546/2022]
Registration No. Rj31 Ga 6137.
----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. District Transport Officer, Sujangarh, District Churu.
4. District Transport Officer, Nokha, District Bikaner.
5. District Transport Officer, Nagaur.
6. District Transport Officer, Didwana, District Nagaur.
7. Regional Transport Officer, Bikaner.
----Respondents
For Petitioner(s) : Mrs.Rajani Vyas, Adv. For Respondent(s) : Dr.Ganesh Parihar, AAG with Mr.V.S. Badaya, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 14/12/2022 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 (Downloaded on 16/12/2022 at 12:14:44 AM) (3 of 3) [CW-18546/2022] 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".
(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/9 (Downloaded on 16/12/2022 at 12:14:44 AM) Powered by TCPDF (www.tcpdf.org)