Rajasthan High Court - Jaipur
Jagdish Jat S/O Shri Ram Lal Jat vs State Of Rajasthan on 16 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. 18803/2022
1. Jagdish Jat S/o Shri Ram Lal Jat, Aged About 40 Years,
R/o Jasnath Ji Mandir Ka Pass, Nokha To 17 12 21,
Bikaner (Raj.)- 334803, Owner Of Vehicle No.
Rj07Gc1647.
2. Rakesh Kumar S/o Shri Nand Kishor Sharma, Aged About
43 Years, R/o A-5, Basant Nagar, Jhunjhunu, (Raj.)-
333001, Owner Of Vehicle No. Rj18Ga4117
3. Devi Lal Potaliya S/o Shri Hajari Mal, Aged About 45
Years, R/o Near Shiv Bari Circle, Ambedkar Colony (Raj.)-
334001, Owner Of Vehicle No. Rj07Ga0863
4. Hari Ram S/o Shri Kana Ram, Aged About 37 Years, R/o-
Dhani Kaleran, Bidasar, Fitted Spdgov, - 151602258,
Churu, (Raj.)- 999999 Owner Of Vehicle No. Rj44Ga0957
5. Hari Ram S/o Shri Kana Ram, Aged About 37 Years, R/o-
Ward No. 07, Dhani Potliya, Kalero Ki Dhani, Bidasar,
Churu (Raj.)-331501 Owner Of Vehicle No. Rj44Gb0957
6. Hansraj Nath S/o Shri Purakh Nath, Aged About 40 Years,
R/o- Malsar, Sardarshahar, Churu (Raj.), Owner Of Vehicle
No. Rj07Ga8265
7. Bhagwana Ram S/o Shri Puraka Ram, Aged About 43
Years, R/o- Dhani Rawali, Bidasar, Tax-Lst, Churu, Spdg,
-F 5348, Churu (Raj.)-331501 Owner Of Vehicle No.
Rj10Ga1719
8. Shri Krishna Enterprises, Through Propriter Rajkumar
Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2006
9. Shri Krishna Enterprises, Through Propriter Rajkumar
Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2007
10. Shri Krishna Enterprises, Through Propriter Rajkumar
Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2008
11. Shri Krishna Enterprises, Through Propriter Rajkumar
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Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2011
12. Shri Krishna Enterprises, Through Propriter Rajkumar
Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2012
13. Shri Krishna Enterprises, Through Propriter Rajkumar
Pareek S/o Mhadev Ram Pareek, Aged About 40 Years,
R/o- Village- Gogasar, Ratangarh Churu (Raj.)-331001,
Owner Of Vehicle No. Rj44Ga2013
----Petitioners
Versus
1. State Of Rajasthan, Transport Department Of Rajasthan,
Secretariat, Jaipur, Rajasthan Through Secretary.
2. Department Of Mining And Geology, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan Through Joint Secretary.
3. District Transport Officer, Churu (Raj.)
4. District Transport Officer, Bikaner (Raj.)
5. District Transport Officer, Nokha, District Hanumangarh
(Raj)
6. District Transport Officer, Sujangarh (Raj.)
7. District Transport Officer, Jhunjhunu (Raj.)
8. District Transport Officer, Ganganagar (Raj.)
9. District Transport Officer, Phalodi (Raj.)
10. District Transport Officer, Jaisalmer (Raj.)
11. District Transport Officer, Nagour (Raj.)
12. District Transport Officer, Didwana (Raj.)
----Respondents
For Petitioner(s) : Mr.Satish Kumar Khandelwal, Adv.
For Respondent(s) : Dr.Ganesh Parihar, AAG.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 16/12/2022 (Downloaded on 17/12/2022 at 01:08:03 AM) (3 of 4) [CW-18803/2022] 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".
(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
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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/97 (Downloaded on 17/12/2022 at 01:08:03 AM) Powered by TCPDF (www.tcpdf.org)