Rajasthan High Court - Jodhpur
Dev Karan Saran vs State Of Rajasthan (2023/Rjjd/015701) on 17 May, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023/RJJD/015701]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6703/2023
1. Dev Karan Saran S/o Meva Ram Saran, Aged About 51
Years, Ward No.4 Jeewan Desar Mehrasar Chachera,
Churu, District Churu Owner Vehicle No. Rj10Ga9183,
Rj10Gb2810, Rj10Ga9558, Rj10Gb1392, Rj10Gb6295,
Rj10Ga1392 And Rj10Gb0618.
2. Bhagirath Nai S/o Phula Ram, Aged About 41 Years,
Bhojrasar Sardarshahar, Churu, District Churu. Owner Of
Vehicle No.rj10Ga4335.
3. Phool Chand Potaliya S/o Shyo Lal Potaliya, Aged About
39 Years, Bhojrasar, Aspalsar Bara, Churu, District Churu.
Owner Of Vehicle No.rj10Gb0933.
4. Phoosa Ram S/o Bhera Ram, Aged About 45 Years,
Bukansar Bara, Tehsil Sardarshahar, District Churu.
Owner Of Vehicle No.rj10Gb6276.
5. Dhapi W/o Birj Lal, Aged About 51 Years, Ward No.14
Malasar, Churu, District Churu. Owner Of Vehicle
No.rj07Gc6694.
6. Bhanwar Lal S/o Bhaira Ram Nai, Aged About 54 Years,
Gaon Bukansar Bara, Churu, District Churu. Churu,
District Churu. Owner Of Vehicle No.rj10Gb5491.
7. Pabu Dan Jat S/o Rugha Ram Jat, Aged About 52 Years,
Ward No.1 Ranasar Bikan Sardarshahr, Churu, District
Churu. Owner Of Vehicle No.rj09Ga9904, Rj07Gc4806,
Rj07Gc6799.
8. Krishan Chandra Sharma S/o Sohan Lal, Aged About 44
Years, Bukansar Chhota, Churu, District Churu Owner Of
Vehicle No.rj07Gc8367.
9. Bimla W/o Late Hajari Ram, Aged About 42 Years, Ward
No. 4, Jeewan Desar, Mahrasar Chachera, Sardarshahar,
Churu, District Churu. Owner Of Vehicle No.rj10Ga7734,
Rj10Gb8517.
10. Sompal S/o Lt. Hajari Mal, Aged About 50 Years,
Jiwandesar, Sardarshahar, Churu, District Churu. Owner
Of Vehicle No.rj10Ga8517
11. Ganesh Ram, S/o Purna Ram, R/o Chadsar, Sardarshehar,
Churu , District Churu , Owner Of Vehicle No Rj10Gb3043,
Rj 10Gb6306
(Downloaded on 18/05/2023 at 10:41:52 PM)
[2023/RJJD/015701] (2 of 3) [CW-6703/2023]
12. Mahaveer Prasad S/o Mani Ram, Aged About 41 Years, R/
o 1Gpm, Gopalsar , Birmana, Ganganagar, Owner Of
Vehicle No.rj07Gc6987
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary Department Of
Transport Government Of Rajasthan, Secretariat
Rajasthan, Jaipur
2. The Secretary, Department Of Mines And Geology Govt.
Of Rajasthan, Secretariat Rajasthan, Jaipur.
3. Director, Mines And Geology, Rajasthan, Udaipur.
4. Regional Transport Officer, Bikaner.
5. Regional Transport Officer, Jodhpur.
6. Distrct Transport Officer, Nagore, District - Nagore.
7. District Transport Officer, Sujangarh, District-Churu.
----Respondents
For Petitioner(s) : Mr. KP Raj Deora
Mr. Anil Choudhary
For Respondent(s) : Mr. Sudhir Tak, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 17/05/2023
1. Learned counsel for the petitioner has relied upon the order rendered by Jaipur Bench of this Hon'ble Court in S.B. Civil Writ Petition No.1964/2022 (Zabir Khan Vs. State of Rajasthan & Ors.) decided on 14.03.2022, and prays similar order / directions for the present petitioner also.
The order dated 14.03.2022 reads as follows:-
"Since, this batch of writ petitions share similar facts and common questions of law, they were heard together and are being decided vide its common order.(Downloaded on 18/05/2023 at 10:41:52 PM)
[2023/RJJD/015701] (3 of 3) [CW-6703/2023] Challenge in the writ petitions is to the action of the respondents whereby, the trucks/transport/loading vehicles belonging to the petitioners, registered with various registering authorities, have been categorized as "blacklisted" on the "Vahan Portal" of the Transport Department for alleged overloading solely on the strength of e-rawanna issued by Mining Department.
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".
(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 a representation 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".
2. Learned Additional Advocate General does not oppose the submission made on behalf of the petitioner.
3. In light of the aforequoted order, the present writ petition as well as stay petition are also disposed of on the same terms except that the date of Amnesty Scheme shall be read as 30.09.2023.
4. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
71-Sudheer/-
(Downloaded on 18/05/2023 at 10:41:52 PM)Powered by TCPDF (www.tcpdf.org)