Brij Mohan S/O Gokul Ram vs State Of Rajasthan on 14 December, 2022

[Cites 2, Cited by 0]

Rajasthan High Court - Jaipur

Brij Mohan S/O Gokul Ram vs State Of Rajasthan on 14 December, 2022

Bench: Ashok Kumar Gaur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 18516/2022

1.    Brij Mohan S/o Gokul Ram, R/o 149 Brahmin Mohalla
      Village Delwan, Tehsil Sridungargarh Dist Bikaner
      Rajasthan. Owner Of Goods Carrier Vehicle Registration
      No.rj07Ga5346.
2.    Bhagirath Ram S/o Raju, R/o Gali No 17, Rampura Basti
      Bikaner Rajasthan. Owner Of Goods Carrier Vehicle
      Registration No.rj07Gc6221.
3.    Ram Swaroop S/o Jaipal Jat, R/o Village Sekhasar
      Khodala Ward No 13 Tehsil Loonkaransar Dist Bikaner
      Rajasthan. Owner Of Goods Carrier Vehicle Registration
      No.rj07Gc2999.
4.    Sandeep Garg S/o Bhola Ram, R/o House No 134, Veer
      Colony Bathinda Punjab. Owner Of Goods Carrier Vehicle
      Registration No. Pb03Ay9241.
5.    Gaina Ram S/o Achala Ram, R/o Sankhla Bast, Kolayat,
      Tehsil Kolayat District Bikaner, Rajasthan. Owner Of
      Articulated Vehicle Registration No.rj07Gd6906.
6.    Moti Ram S/o Purkha Ram, R/o Village Lakhoosar Jaal
      Wali,tehsil And District Bikaner Rajasthan.owner Of Goods
      Carrier Vehicle (Hgv) Registration No.rj07Gb3545.
7.    Prithvi Puri S/o Manak Puri, R/o Kumharon Ka Bass
      Villege Sevra-Nagrasar Tehsil And District Bikaner
      Rajasthan. Owner Of Articulated Vehicle Registration No.
      Rj07Gc1413.
8.    Vis Infra Solutions Llp, Through Partner Maneesh Kumar
      S/o Mohan Ram R/o Khatehpura, Jhunjhunu District
      Jhunjhunu, Rajasthan. Owner Of Dumper Vehicle
      Registration No. Rj14Gh3811. And Rj14Gh3806.
9.    Om Prakash S/o Ram Jeevan Parihar, R/o Village
      Bhadwasi, Tehsil And District Nagaur, Rajasthan. Owner
      Of Goods Carrier Vehicle Registration No .rj21Ga5125.
10.   Hanumanaram S/o Dharma Ram, R/o Village Lakhasar
      Tehsil Sri Dungargarh Dist Bikaner Rajasthan.owner Of
      Goods Carrier Vehicle Registration No .rj07Gd7593.
                                                             ----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.


                 (Downloaded on 16/12/2022 at 12:14:42 AM)
                                         (2 of 3)                     [CW-18516/2022]


3.     Regional Transport Officer, Bikaner, Rajasthan.
4.     District Transport Officer, Nagaur, Rajasthan.
5.     District Transport Officer, Jhunjhunu, Rajasthan.
6.     District Transport         Officer,         Nokha,       District   Bikaner,
       Rajasthan.
7.     District   Transport            Officer,         Sujangarh,         District
       Churu,rajasthan.
8.     District Transport Officer, Sriganganagar, Rajasthan.
9.     District Transport Officer, Jaisalmer, District Jaisalmer,
       Rajasthan.
                                                                 ----Respondents

For Petitioner(s) : Mr.Ram Avtar Pareek, 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 Scheme floated by the respondents for compounding the offence of overloading valid upto 31.03.2022 within two weeks thereafter.

(Downloaded on 16/12/2022 at 12:14:42 AM)

(3 of 3) [CW-18516/2022]

(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/56 (Downloaded on 16/12/2022 at 12:14:42 AM) Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Rajasthan High Court - Jaipur