Bhagwati Lal Jalania vs Union Of India (2025:Rj-Jd:3020-Db)
2025 Latest Caselaw 4778 Raj

Rajasthan High Court - Jodhpur

Bhagwati Lal Jalania vs Union Of India (2025:Rj-Jd:3020-Db) on 16 January, 2025

Author: Yogendra Kumar Purohit

Bench: Yogendra Kumar Purohit

[2025:RJ-JD:3020-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 17702/2024

Bhagwati Lal Jalania son of Kachuru Lal Jalania, aged about 48
Years, resident of 53, Roshan Nagar, Hiran Magri, Sec 12 District
Udaipur (Raj.) (Rj27 U 0649)
                                                                      ----Petitioner
                                      Versus
1.       Union of India, through The Secretary to Government
         Ministry of Road Transport and Highways, Transport
         Bhawan, 1, Sansad Marg, Gokul Nagar, Connaught Place,
         New Delhi
2.       State of Rajasthan, through The Secretary To Government
         Transport Department, Parivahan Bhawan, Sahkar Marg
         Jaipur Rajasthan
3.       Commissioner         of    Transports,         Transport     Department,
         Parivahan Bhawan, Sahakar Marg Jaipur Rajasthan
4.       Regional Transport Officer, RTO Office, Udaipur
                                                                   ----Respondents


For Petitioner(s)           :      None present
For Respondent(s)           :      Mr. S.S. Rathore, AAG
                                   Ms. Dimple Rajpurohit for
                                   Mr. Mukesh Rajpurohit, Dy.S.G.
                                   Mr. R.D. Rastogi, ASG with
                                   Mr. Devesh Yadavj (through VC)



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

16/01/2025

No one appears for the petitioners even on second call.

2. However with the assistance of Mr. S.S. Rathore, the learned

Additional Advocate General has fairly apprised this Court that the

issue involved in this Writ Petition is squarely covered by a

decision of this Court at Jaipur Bench in "Shyam Prakash Meena &

[2025:RJ-JD:3020-DB] (2 of 2) [CW-17702/2024]

Ors. v. Union of India & Ors." (D.B. Civil Writ Petition No.14258 of

2024), we have gone through the decision in "Shyam Prakash

Meena".

3. In the judgment dated 19th December 2024, this Court held

that the note appended to Serial No.11A of Rule 81 of the Central

Motor Vehicles Rules, 1989 as amended vide notification dated

4th October 2021 was ultra-vires to section 64(o) read with section

211 of the Motor Vehicles Act, 1988.

4. Having regard to the binding decision of this Court in

"Shyam Prakash Meena", this D.B. Civil Writ Petition No. D.B. Civil

Writ Petition No.17702 of 2024 is allowed in the terms thereof as

indicated in the aforesaid decision.

(YOGENDRA KUMAR PUROHIT),J (SHREE CHANDRASHEKHAR),J

91-Arjun/-

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