Rajasthan High Court - Jodhpur
Sunder Lal Kumawat vs State Of Rajasthan (2025:Rj-Jd:11393) on 27 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:11393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13625/2023
Sunder Lal Kumawat S/o Shri Ramesh Chandra Kumawat, Aged
About 50 Years, R/o Madhav Nagar, Shobhagpura, Udaipur
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Transport Department, Government Of Rajasthan, Jaipur.
2. Regional Transport Authority, Transport Department,
Udaipur.
3. District Transport Officer, Rajsamand (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore.
For Respondent(s) : Dr. Milap Chopra, Dy.G.C.
HON'BLE DR. JUSTICE NUPUR BHATI
Order 27/02/2025
1. Learned counsel for the parties jointly submit that the Coordinate Bench of this Court at Jaipur Bench, Jaipur, has disposed of the bunch of writ petitions led by SBCWP No.1964/2022 titled "Zabir Khan v. State of Rajasthan & Ors.". The said order is reproduced as under:-
"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.
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.
(Downloaded on 28/02/2025 at 11:33:31 PM)[2025:RJ-JD:11393] (2 of 4) [CW-13625/2023] 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 up to 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 counsel for the parties jointly submit that the present writ petition, also having similar controversy, may also be decided in the same terms as in the case of Zabir Khan (supra).
3. On the joint request and with the consent of the learned counsel representing the parties, the present writ petition is also disposed of in the same terms as in the case of Zabir Khan (supra):-
(i) The respondents shall launch prosecution against the petitioner/ vehicle owner who does not (Downloaded on 28/02/2025 at 11:33:31 PM) [2025:RJ-JD:11393] (3 of 4) [CW-13625/2023] wishes to opt for Amnesty Scheme floated by the respondents for compounding the offence of overloading valid up to 31.03.2022 within two weeks thereafter.
(ii) The vehicle of the petitioner/ vehicle owner shall be de-classified from "blacklisting" immediately.
(iii) Learned Dy.G.C. undertakes to get nomenclature from "blacklisting" changed to any other appropriate and suitable nomenclature reflecting offence(s) committed by the driver/vehicle owner, on its "Vahan Portal".
(iv) In case where the allegations of overloading appears to be false on his face in view of some technical glitch, the petitioner/ vehicle owner shall be at liberty to submit a representation for redressal of their grievance(s) within 10 days from today and the learned Dy.G.C. assures that the same will be considered within a week thereafter vide a reasoned order with its communication to the petitioner/vehicle owner.
(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 his vehicle has been classified as "blacklisted".
4. It is further directed that in case any dues are pending, the petitioner shall pay the same to the respondents.
(Downloaded on 28/02/2025 at 11:33:31 PM)[2025:RJ-JD:11393] (4 of 4) [CW-13625/2023]
5. Stay application as well as all other pending applications, if any, also stand disposed of.
(DR. NUPUR BHATI),J 3-/Devesh/-
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