This order disposes of a writ petition regarding vehicle blacklisting by following the terms of a previous coordinate bench judgment without extracting new legal principles.
disposed of in the same terms as ordered in Zabir Khan Vs. State of Rajasthan & Ors.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6799/2024
Sanjay Kumar S/o Daya Ram, Aged About 30 Years, R/o Rz-203, B-Block, Nanda Enclave, Gopal Nagar, Najafgarh, Nagafgarh, South West Delhi, Delhi- 110043. (Owner Of Vehicle Registration No. HR63D6691).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sachin Kumar Mittal For Respondent(s) : Mr. S.S.Naruka-AAG with Mr. S.S. Nirwan
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
03/05/2024
(2 of 3) [CW-6799/2024]
State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 6372/2024) decided on 02.05.2024.
“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 provisions contained under the Motor Vehicles Act, 1988 without being influenced by the fact that their vehicles have been classified as “blacklisted”.
[CW-6799/2024]
(3 of 3)
case of Zabir Khan Vs. State of Rajasthan & Ors. (supra).
(ANOOP KUMAR DHAND),J
Ashu/84
Colour shows how this judgement treated each authority
Zabir Khan Vs. State of Rajasthan & Ors.Distinguished¶16
Zabir Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1964/2022)
Naresh Singhal Vs. State of Rajasthan and Ors.Referred¶18
Naresh Singhal Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 6372/2024)
Sanjay Kumar
State Of Rajasthan
Department Of Mining And Geology, State Of Rajasthan
District Transport Officer (DTO), Kotputali
Regional Transport Officer (RTO), Jaipur
Regional Transport Officer (RTO), Sikar
ANoop KUMAR DHand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
