Rajasthan High Court
Irfaq Khan S/O Roshan vs State Of Rajasthan on 22 December, 2022
Bench: Manindra Mohan Shrivastava
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19352/2022
Irfaq Khan S/o Roshan, Aged About 34 Years, R/o House No. 40,
Rewasan (168) Mewat, Rewasan, Haryana. Owner Of The Vehicle No. -
Hr74B2788
----Petitioner
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. Department Of Mining And Geology, Govt. Of Haryana, 30 Bay
Building, Room No. 79, 1St Floor, Sector 17, Chandigarh Thorugh
Its Joint Secretary.
4. Regional Transport Officer, Nuh Haryana.
5. Regional Transport Officer, Near Lohagarh Stadium, Subhash
Nagar, Bharatpur.
6. Regional Transport Officer, Alwar.
----Respondents
For Petitioner(s) : Mr. Mohd. Shakir Khan, 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
(2 of 2) [CW-19352/2022]
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.
(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 /75
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