Rahil S/O Shri Badlu vs State Of Rajasthan
2022 Latest Caselaw 7958 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 19530/2022
Rahil S/o Shri Badlu, Aged About 35 Years, R/o Village Lebda, Tehsil
Kaman, District Bharatpur, Owner Of Truck Bearing RJ-05-GC-2888.
                                                                       ----Petitioner

                                        Versus
1.       State Of Rajasthan, Through The Secretary, Transport
         Department, Government Of Rajasthan, Secretariat, Jaipur.
2.       The Joint Secretary, Mines                  And     Geology   Department,
         Secretariat, Jaipur, Rajasthan.
3.       Regional Transport Officer, Bharatpur.
                                                                    ----Respondents

For Petitioner(s) : Mr. Raj Kumar Goyal, 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.

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.

                                                                                    (2 of 2)                   [CW-19530/2022]



                                                 (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.

(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 /109

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