Rajasthan High Court - Jaipur
Barkat S/O Shri Saddik vs State Of Rajasthan (2024:Rj-Jp:28729) on 9 July, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:28729]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9017/2024
1. Barkat S/o Shri Saddik, Aged About 41 Years, R/o Village
Kanwari Tehsil Pahari, Bharatpur, Owner Of Truck Bearing
Number Rj-05Gb-9316.
2. Ved Prakash S/o Shri Jagmal Singh, R/o Near Panjab Sind
Bank Tikawali, Faridabad, (Haryana), Owner Of Truck
Bearing Number Hr-38Y-5697.
3. M/s Liyakat Building Meerial Supplier, Through Its
Proprietor Shri Liyakat S/o Shri Salim Registered Office At
Village Neemli, Alwar, Owner Of Vehicles No. Rj-40Ga-
6237.
4. Hanif S/o Shri Fajru, R/o Village Bagwada, Delhi By Pass
Road, Jaipur, Owner Of Truck Bearing Number Rj-14Gp-
0371.
5. Khalid S/o Shri Jamshed, R/o 38, Ratail, Baghpat, (Up),
Owner Of Truck Bearing Number Hr-58C-6927.
6. Irfan S/o Shri Sabbir, R/o Village Ghaghot, Palwal
Faridabad, (Haryana), Owner Of Truck Bearing Number
Hr-73B-3007.
7. Mubarik S/o Shri Yusuf, R/o Village Neemli, Alwar, Owner
Of Truck Bearing Number Rj-40Ga-6271.
8. Rk Traders, Through Its Proprietor Shri Rajender Kumar
Registered Office At Tilpat Colony Faridabad, (Haryana),
Owner Of Truck Bearing Number Hr-38Ac-8867.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Transport
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Joint Secretary, mines And Geology Department,
Secretrait, Jaipur,rajasthan,
3. Regional Transport Officer, Bharatpur.
4. Regional Transport Officer, Sikar.
5. District Transport Officer, Kotputali, District Jaipur.
----Respondents
For Petitioner(s) : Mr. Raj Kumar Goyal For Respondent(s) : Mr. Chinmay Saxena, AGC for Mr. S.S. Naruka, AAG (Downloaded on 19/07/2024 at 10:40:15 PM) [2024:RJ-JP:28729] (2 of 3) [CW-9017/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/07/2024
1. Learned counsel for the parties submit that issue raised in the present writ petition is already decided by Co-ordinate 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 and by this Court in the case of Naresh Singhal Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 6372/2024) decided on 02.05.2024.
2. 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.
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[2024:RJ-JP:28729] (3 of 3) [CW-9017/2024]
(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.
3. 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).
4. Accordingly, the writ petition stand disposed of.
5. Stay application and all pending application(s) (if any) also stand disposed of.
(ANIL KUMAR UPMAN),J LALIT MOHAN /155 (Downloaded on 19/07/2024 at 10:40:15 PM) Powered by TCPDF (www.tcpdf.org)