Disposed

Sharwan Kumar S/O Mallu Ram v. State of Rajasthan

Rajasthan HC19 Dec 2023CW/20307/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jaipur disposed of a writ petition by accepting the common order passed in a coordinate bench case (Zabir Khan). The petition concerned the blacklisting of vehicles used in violation of the Motor Vehicles Act. The court found no need to decide afresh on the same terms.

What did the court decide?

The writ petition and pending applications were disposed of in the same terms laid down in the connected case of Zabir Khan.

Sharwan Kumar S/O Mallu Ram Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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[2023:RJ-JP:40630]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20307/2023

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Sharwan Kumar S/o Mallu Ram, Aged About 32 Years, R/o Chak Vijaysinghpura, Tehsil Kolayat, District Bikaner (Raj.). Owner Of Vehicle Registration No.RJ07GA7635.

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Hans Raj Bishnoi S/o Shiv Narayan Bishnoi, R/o Gali No.02, Murlidhar Vyas Colony Ke Pass, Jambeshwar Nagar, Bikaner (Raj.). Owner Of Vehicle Registration No.RJ07GD9035.

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Sukh Dev Jat S/o Shri Ram, R/o Ward No.1, Thukariyasar, Sridungargarh, Bikaner (Raj.). Owner Of Vehicle Registration No.RJ07GD1466.

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----Petitioners

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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District Transport Officer, Nokha, District Bikaner, Rajasthan.

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Regional Transport Officer, Bikaner, District Bikaner, Rajasthan.

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----Respondents

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For Petitioner(s) : Ms. Rajni Vyas For Respondent(s) : Dr. Ganesh Parihar-AAG with Mr. Sameer Sharma

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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19/12/2023

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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 &

[2023:RJ-JP:40630]

[CW-20307/2023]

(2 of 3)

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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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:-

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“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:

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(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.

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(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”.

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(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.

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(3 of 3) [CW-20307/2023]

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[2023:RJ-JP:40630]

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(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”.

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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).

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Accordingly, the writ petition stands disposed of. Stay application and all pending application(s) (if, any) also

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stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/71

Sharwan Kumar S/O Mallu Ram v. State of Rajasthan

Case brief

What is this about?

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Sharwan Kumar S/O Mallu Ram v. State of Rajasthan

Case brief

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