Shiv Lal vs State Of Rajasthan
2022 Latest Caselaw 14384 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18103/2022

Shiv Lal S/o Dala Ram, Aged About 34 Years, R/o Aam Chotha, Veerampura Rebariyan, Te. Desuri, Dist. Pali (Raj) Owner Of Vehicle Bearing No. Rj 1 Rb 2571.

----Petitioner Versus

1. State Of Rajasthan, Through Transport Department Of Rajasthan Through Its Secretary.

2. State Of Rajasthan, Department Of Mining And Geology, Rajasthan, Secretariat, Jaipur Through Joint Secretary.

3. Regional Transport Officer, Ajmer.

4. Regional Transport Officer, Pali.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Achala Ram
For Respondent(s)          :     Mr. Sudhir Tak, AAG



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                                      Order

07/12/2022

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

the judgment of the Jaipur Bench of this Court in a batch of writ

petitions led by S.B. Civil Writ Petition No.1964/2022 "Zabir Khan

Vs. State of Rajasthan & Ors.".

In view of the above, the present writ petition is also

disposed of in terms of the judgment passed by this Court in Zabir

Khan (supra), which read as under:-

"(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.

(2 of 2) [CW-18103/2022]

(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 fact 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 petitioner/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"."

Stay petition stands disposed of accordingly.

(VIJAY BISHNOI),J

126-AjaySingh/-

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