Coordinate Bench citing prior decision on vehicle blacklisting and amnesty scheme notwithstanding technical glitches utilized for transport violations disposed of the writ petition by following the legal principles laid down in the coordinate bench case order.
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[2023:RJ-JP:40347]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20144/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Surjeet Singh, Adv. For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr. Sameer Sharma, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
18/12/2023
Learned counsel for the parties submit that issue raised in the present writ petition is already decided by Coordinate Bench of this Court in the case of Zabir Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1964/2022) and other connected writ petitions, decided by a common order dated 14.03.2022.
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[CW-20144/2023]
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This Court, deems it proper to quote the relevant portion of the order passed in the case of Zabir Khan Vs. State of Rajasthan & Ors. (supra) , as under:-
“On the joint request and with the consent of the learned counsels for the respective parties, these writ petitions are disposed of in following terms:
(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.
(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 face in view of some technical glitch, the petitioners/vehicle owners shall be at liberty to submit are presentation 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 petitioners/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
(3 of 3)
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provisions contained under the Motor Vehicles Act, 1988 without being influenced by the fact that their vehicles have been classified as “blacklisted”.
This Court accordingly, finds that the present writ petition also needs to be disposed of in the same terms and conditions which have been agreed by learned counsel for the parties in the case of Zabir Khan Vs. State of Rajasthan & Ors. (supra).
Accordingly, the writ petition stands disposed of.
Stay application and all pending application(s) (if, any) also stand disposed of.
(ANOOP KUMAR DHAND),J
MR/77
1 issue framed by the court
Whether the present writ petition should be disposed of on the same terms decided in a coordinate bench case.
Colour shows how this judgement treated each authority
Zabir Khan Vs. State of Rajasthan & Ors.Followed¶17
Zabir Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1964/2022)
1 provisions across 1 enactments
Shyam Sundar
APM Projects Private Limited
State of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
