The Hon'ble Court disposed of the writ petition by relying on a coordinate Bench's decision (Zabir Khan) regarding the de-classification of vehicles and handling of overloading allegations.
The petition is disposed of in light of the decision in the coordinate Bench's batch of petitions (S.B. Civil Writ Petition No.1964/2022).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/009289]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 407/2023
Balaji Trading Granites, Through Its Proprietor Shri Dana Ram S/o Govind Ram, Age 48 Years, R/o Village Hapas, Sikar Having Registered Office Of Firm At Bhagali Sindhalan, Tehsil Jalore, District Jalore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Deepika Purohit For Respondent(s) : Mr. Sudhir Tak, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/04/2023
Learned counsel for the parties jointly submit that the controversy involved in the present writ petition is no more resintegra and it is covered by the decision rendered by a coordinate Bench of this Hon'ble Court at Jaipur Bench in Zabir Khan Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.1964/2022 and other connected writ petitions on 14.03.2022, which reads as follows:
"Since, this batch of writ petitions share similar facts and common questions of law, they were heard together and are being decided vide its common order.
[2023/RJJD/009289]
[CW-407/2023]
(2 of 3)
Challenge in the writ petitions is to the action of the respondents whereby, the trucks/transport/loading vehicles belonging to the petitioners, registered with various registering authorities, have 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, 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 a representation 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.
[2023/RJJD/009289]
[CW-407/2023]
(3 of 3)
(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”."
Accordingly, this writ petition is also disposed of in the light of the decision rendered vide order dated 14.03.2022 passed in Zabir Khan's case (supra). All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
88-Zeeshan
2 issues framed by the court
Whether the writ petition challenged in the current order requires independent adjudication or can be disposed of by reliance on a coordinate Bench's decision.
The terms in the coordinate Bench''s disposal of connected writ petitions.
Colour shows how this judgement treated each authority
Zabir Khan Vs. State of Rajasthan & Ors.Relied on¶16
Zabir Khan Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.1964/2022
Balaji Trading Granites
State Of Rajasthan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
