Ram Partap Nehra Son Of Shri Mani ... vs State Of Rajasthan
2022 Latest Caselaw 7957 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 19529/2022

Ram Partap Nehra Son Of Shri Mani Ram Nehra, Aged About 36
Years, Resident Of Village Nehrawali Dhani, Tehsil Rawatsar,
District Hanumangarh, Rajasthan Registered Owner Of Vehicle
Registration No. RJ 07 GB 4557, RJ 31 GA 4776
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Transport Department Of Rajasthan,
       Secretariat, Jaipur, Rajasthan, Through Secretary.
2.     Department Of Mining And Geology, Government Of
       Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint
       Secretary.
3.     Regional Transport Officer, Rto Office Sikar, District Sikar
       (Rajasthan)
4.     District Transport Officer, Dto Office Jhunjhunu, District
       Jhunjhunu (Rajasthan)
5.     District Transport Officer, Dto Office Sujangarh, District
       Churu (Rajasthan)
                                                                ----Respondents

For Petitioner(s) : Mr. Aatish Jain, Advocate For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr. Vishnu Shankar Badaya, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

Judgment / Order

22/12/2022

Challenge in the writ petition is to the action of the

respondents whereby, the truck/transport/loading vehicle

belonging to the petitioner, registered with various registering

authorities, has 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.

(2 of 3) [CW-19529/2022]

On the joint request and with the consent of the learned

counsels for the respective parties, this writ petition is disposed off

in following terms:

(i) The respondents shall launch prosecution

against the petitioner/vehicle owner who does

not wish to opt for Amnesty Scheme floated by

the respondents for compounding the offence

of over loading valid upto 31.03.2022 within

two weeks thereafter.

(ii) The vehicle of the petitioner/vehicle

owner 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

driver/vehicle owner, on its "Vahan Portal".

(iv) In case where the allegation of

overloading appears to be false on its face in

view of some technical glitch, the

petitioner/vehicle owner shall be at liberty to

submit a representation for redressal of the

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 owner.

                                                                                 (3 of 3)                [CW-19529/2022]



                                                (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".

(MANINDRA MOHAN SHRIVASTAVA),J

Mohita /91

Powered by TCPDF (www.tcpdf.org)