Disposed

Akbar Ali S/O Mohammed Sultan Kunjada v. State of Rajasthan

Rajasthan HC17 Sept 2025CW/14245/2025

Case brief

AI extract

What is this about?

Bunch of writ petitions challenging suspension of truck owners' vehicle Registration Certificates over alleged overloading based on Mining Department reports without proper notice or hearing. The court set aside the suspensions pending fresh adjudication by the notice-issuing authorities.

What did the court decide?

Suspension of RCs revoked during fresh adjudication; owners to appear before authorities, replies within 15 days, hearing on fixed date, adjudication thereafter.

Akbar Ali S/O Mohammed Sultan Kunjada Vs State of… — Writ and Judicial Review | Rajasthan HC (2025)

¶1

[2025:RJ-JP:37966]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 14130/2025

¶4

Moolchand Meena S/o Hajari Lal Meena, Aged About 50 Years, R/o Vill Natata Teh. Jamuwaramgarh, Jaipur Rajasthan 303109. Owner Of Vehicle Registration No. Rj-14-Rd-0621

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary To Government, Transport Department, Parivahan Bhawan, Sahakar Marg, Jaipur, Rajasthan.

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Commissioner Of Transport, Transport Department, Parivahan Bhawan, Sahakar Marg, Jaipur, Rajasthan.

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Regional Transport Officer, Jaipur First, Jaipur.

¶10

----Respondents

¶11

With

¶12

S.B. Civil Writ Petition No. 14154/2025

¶13

Ganesh Balai, S/o Shri Chhotu Ram, Aged About 38 Years, R/o B- 176, Shiv Colony, Bal Ji Ki Kothi, Jhalana Doongri, Jawahar Nagar, Jaipur Rajasthan 302004, Owner Of Vehicle Registration No. Rj-18-Ra-9312.

¶14

Manoj Kumar Gupta, S/o Shri Ashok Kumar Gupta, Aged About 38 Years, R/o Chandlai, District Tonk Rajasthan. 304001 Owner Of Vehicle Registration No. Rj-26-Ga4642.

¶15

----Petitioners

¶16

Versus

¶17

State Of Rajasthan, Through The Secretary To Government, Transport Department, Parivahan Bhawan, Sahakar Marg, Jaipur, Rajasthan.

¶18

Commissioner Of Transport, Transport Department, Parivahan Bhawan, Sahakar Marg, Jaipur, Rajasthan.

¶19

Regional Transport Officer, Jaipur First, Jaipur.

¶20

District Transport Authority, Tonk.

¶21

----Respondents

¶22

S.B. Civil Writ Petition No. 14173/2025

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Arshad S/o Rahul, Aged About 40 Years, R/o VillRithath 28,tehsil F P Jhir A Nuh, Mewat Hr Owner Of Truck No. Hr.74.b.0028.

¶27

Shree Balaji Prop. Rohit Kumar S/o Bahadur, Aged About 27 Years, R/o Palwal Near Hanuman Mandir Mithol, B4, Unnamed Road Aurangabad Sub Post, Office, Aurangabad, Palwal, Hr. Owner Of Truck No. Hr.73.b. 4454.

¶28

Punit Kumar Agrawal S/o Jagdish Prasad Agrawal, Aged About 40 Years, R/o H.n 2/168 Housing Board Colony Dhaulpur Rj.owner Of Truck No. Rj.05.gb.5522.

¶29

Krishan Kumar S/o Bunwari Lal, Aged About 47 Years, R/o 57/8, Kailash Nagar, Behind Moda Wala Mandir, W No. 2 Narnaul, Hr-Tam-Kotputali Jaipur Rj-Owner Of Truck No. Rj.05 Gb.3869.

¶30

Ajamdeen S/o Deendar Khan, Aged About 40 Years, R/o Jhod Ke Pass Ward No. 6, Tehatra, Noor Nagar, Alwar Rajasthan. Owner Of Truck No. Rj.40.ga.4065.

¶31

----Petitioners

¶32

Versus

¶33

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

¶34

Regional Transport Office, Sikar.

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Regional Transport Officer, Alwar.

¶36

District Transport Officer, Kotputali District Jaipur.

¶37

Regional Transport Office, Bharatpur.

¶38

----Respondents

¶39

S.B. Civil Writ Petition No. 14207/2025

¶40

Bablu Kumar Jangir S/o Shri Moolchand Jangir, Aged About 35 Years, R/o Khedki Mukkad, Kotputali, Jaipur, Owner Of Truck Bearing Number Rj-32Gc-4368.

¶41

Shri Shyam Transport And Trading Co., Through Its Proprietor Shri Bablu Kumar Jangir S/o Shri Moolchand Jangir, Registered Office At Nh No.8, Paniyala Mod, Paniyala, Kotputali, Jaipur, Owner Of Truck Bearing Number Rj-32Gc-8861.

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(3 of 15)

----Petitioners

Versus

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

¶48

Regional Transport Officer, Bharatpur.

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Regional Transport Office, Sikar.

¶50

Regional Transport Officer, Alwar.

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District Transport Officer, Kotputali District Jaipur.

¶52

----Respondents

¶53

S.B. Civil Writ Petition No. 14209/2025

¶54

Kasid Ali S/o Shri Azam Khan, Aged About 31 Years, R/o 733, Near Adarsh Sec. School, Rabad Mohalla, Dhouj (17), Faridabad (Haryana), Owner Of Truck Bearing Number Hr-38Ab-1590.

¶55

S.k. Enterprises, Through Its Proprietor Shri Nadeem S/o Shri Kayyum, Registered Office At Tikari Khera (31), Dhouj, Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Ab-1682.

¶56

Swalid S/o Shri Sherdeen, R/o 574, Rubar Mohalla, Village Dhouj, Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Ab-7520.

¶57

Khan Building Meterial Supplier, Through Its Proprietor Shri Hasan S/o Shri Nawaj Mohd, Registered Office At Near Rithoda House, 1, Sohna, Gurgaon, (Haryana), Owner Of Truck Bearing Number Hr-38Ab-1589.

¶58

Jamsed S/o Shri Firoj Khan, R/o Nangla Ahsanpur, Khatela, Sarai (86), Palwal, (Haryana), Owner Of Truck Bearing Number Hr-73B-2038, Hr-73B-2039.

¶59

Vajib Hussain S/o Shri Ikbal Khan, R/o Nangla Ahsanpur Khatela, Sarai (86), Palwal, (Haryana), Owner Of Truck Bearing Number Hr-73B-1877.

¶60

Insar S/o Shri Nuradin, R/o Village Umra, Tehsil Firojpur Jhirka, Mewat, (Haryana), Owner Of Truck Bearing Number Hr-74B-4651.

----Petitioners

(4 of 15)

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Versus

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

¶67

Regional Transport Officer, Bharatpur.

¶68

Regional Transport Officer, Sikar

¶69

Regional Transport Officer, Alwar.

¶70

District Transport Officer, Kotputali District Jaipur.

¶71

----Respondents

¶72

S.B. Civil Writ Petition No. 14243/2025

¶73

Choudhary Construction Co., Through Proprietor Ankit Choudhary S/o Shri Bhoop Singh, Aged About 29 Years, R/o Jaguwas, Behror, Alwar, (Raj.) Owner Of Vehicle Registration No. Rj32Gb0607. And Rj32Gc3613.

¶74

Sg Minerals, Through Proprietor Subhash Gurjar S/o Shri Kailash Chand Gurjar, R/o Pratappura,h.no.01,ward No.9, Ladikabas Road, Kalakheda,neem Ka Thana, Sikar, (Raj.) Owner Of Vehicle Registration No.rj32Gc7593.

¶75

M/s Balaji Enterprises, Through Proprietor Hukam Singh S/o Shri Satpal Jat, R/o Village Narheda, Kotputli, Jaipur, (Raj.)Owner Of Vehicle Registration No.rj32Gc5368.

¶76

Rajendra Stone Crusher Company, Through Proprietor Dhram Pal Yadav S/o Shri Ram Narain, R/o Jarthal, Rewari, (Haryana.) Owner Of Vehicle Registration No. Rj32Gc8942. And Rj32Gc8944.

¶77

----Petitioners

¶78

Versus

¶79

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

¶80

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

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur, Rajasthan.

¶85

District Transport Officer, Dto Office, Kotputli, District Kotputli-Behror, Rajasthan.

¶86

Regional Transport Officer, Rto Office, Jaipur (First), District Jaipur, Rajasthan.

¶87

Regional Transport Officer, Rto Office, Alwar, District Alwar, Rajasthan.

¶88

Regional Transport Officer, Rto Office, Jagatpura, District, Jaipur, Rajasthan.

¶89

----Respondents

¶90

S.B. Civil Writ Petition No. 14245/2025

¶91

Akbar Ali S/o Mohammed Sultan Kunjada, Aged About 40 Years, R/o Ward No 12 Nagina Bazar Bidasar Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Gb9744.

¶92

Manphool Saran S/o Keshar Dev, R/o Chak Rajiyasar Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj44Ga3539.

¶93

Nand Ram S/o Ram Chabdra, R/o Rajiyasar Meetha Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj44Ga3844.

¶94

Laxman S/o Nand Ram, R/o Vpo Daniyasar Teh Rawatsar Hanumangarh, Rajasthan. Registered Owner Of Vehicle Registration No. Rj31Ga6345.

¶95

Vikram Singh S/o Bhanwar Singh, R/o Ward No 08 Bisarasar Teh Rawatsar Hanumangarh, Rajasthan. Registered Owner Of Vehicle Registration No. Rj31Gc1345.

¶96

Kalu Ram S/o Deepa Ram, R/o W No 08, Parihara Teh Ratangarh Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj05Gb1982.

¶97

Vinod Kumar Swami S/o Nemichand Swami, R/o Bhojasar Ratangarh Churu, w No 08, Rajasthan. Registered Owner Of Vehicle Registration No. Rj13Gb2987.

¶98

Shyokaran S/o Bhajna Ram, R/o Lakhera Teh Rawatsar

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Now At Ward No 40 Hanumangarh, Rajasthan. Registered Owner Of Vehicle Registration No. Rj31Ga8937.

¶103

Mukesh Meghwal S/o Lichhu Ram Meghwal, R/o Hudera Agoona Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj44Ga3518.

¶104

Kana Ram S/o Puna Ram, R/o Gali No 02 Rampura Basti Lalgarh Bikaner. Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Gc0794.

¶105

----Petitioners

¶106

Versus

¶107

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

¶108

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

¶109

Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

¶110

Regional Transport Officer, Rto Office Jaipur Second, District Jaipur. (Rajasthan).

¶111

District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu. (Rajasthan).

¶112

District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

¶113

District Transport Officer, Dto Office Didwana, District Nagaur. (Rajasthan).

¶114

District Transport Officer, Dto Office Hanumangarh, District Hanumangarh. (Rajasthan).

¶115

Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajsthan).

¶116

----Respondents

¶117

S.B. Civil Writ Petition No. 14247/2025

¶118

Gajendra Singh S/o Sadul Singh, Aged About 45 Years, R/o Sanwatiya Sujangarh Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj10Ga4634.

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Dhanesh Kumar S/o Lalaram, R/o Ward No 14 Parihara Ratangarh Churu, Rajasthan. Registered Owner Of Vehicle Registration No. Rj10Ga7910.

¶123

Jagmal Singh S/o Gen Singh, R/o Ankhisar Nokha Bikaner, Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Gb2627.

¶124

Prem Kumar S/o Lekh Ram, R/o Bisrasar Rawatsar Hanumangarh, Rajasthan. Registered Owner Of Vehicle Registration No. Rj31Ga4672 And Rj31Gb2872.

¶125

Sahi Ram S/o Chuna Ram, R/o Sahajarasar Bas Lunkaransar Bikaner, Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Ge3116 And Rj07Gc9336.

¶126

Jagmal Singh S/o Chhalu Singh, R/o Hadla Bhatiyan Bikaner, Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Ge5397.

¶127

Shiv Kumar S/o Prabhuram, R/o Ward No 04 Madh Kolayat Bikaner, Rajasthan. Registered Owner Of Vehicle Registration No. Rj07Gc4007.

¶128

----Petitioners

¶129

Versus

¶130

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

¶131

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

¶132

Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

¶133

Regional Transport Officer, Rto Office Jaipur Second, District Jaipur. (Rajasthan).

¶134

District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu. (Rajasthan).

¶135

District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

¶136

District Transport Officer, Dto Office Didwana, District Nagaur. (Rajasthan).

¶137

District Transport Officer, Dto Office Hanumangarh,

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District Hanumangarh. (Rajasthan).

¶142

Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajsthan).

¶143

----Respondents

¶144

S.B. Civil Writ Petition No. 14423/2025

¶145

Sachin Kumar S/o Rajesh Kumar, Aged About 30 Years, R/o Haripura Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gc8001.

¶146

Naresh Kumar S/o Sahab Ram, R/o Chak Nayolakhi Barani Rawatsar Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb6272.

¶147

Om Prakash S/o Jay Lal, R/o Baramsar Teh Rawatsar Distt Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb3737.

¶148

Jodha Ram S/o Om Prakash, R/o Baramsar Teh Rawatsar Distt Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gc6117.

¶149

Kapil Goyal S/o Madan Lal Goyal, R/o Shop No 14 Bhagat Singh Chowk Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb0001.

¶150

M/s P S Construction And Suppliers, Registered Address - Murdakiya Sujangarh Churu, (Rajasthan). Through Proprietor Pitha Ram Tetarwal S/o Nathu Ram R/o Murdak Via Salasar Sujangarh Churu, (Rajasthan). Owner Of Vehicles Registration No. Rj44Ga4100 And Rj44Ga4500.

¶151

Jagbir S/o Kartar Singh, R/o H. No. 556 Maujiwala Kuan Gurgaon Mbudhwali Ratangarh Churu, (Hariyana). Registered Owner Of Vehicle Registration No. Hr55Aco921.

¶152

----Petitioners

¶153

Versus

¶154

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

(9 of 15)

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

¶159

Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

¶160

Regional Transport Officer, Rto Office Sikar, District Sikar. (Rajasthan).

¶161

District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu. (Rajasthan).

¶162

District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

¶163

District Transport Officer, Dto Office Didwana, District Nagaur. (Rajasthan).

¶164

----Respondents

¶165

S.B. Civil Writ Petition No. 14451/2025

¶166

Pratap Singh Rathore S/o Kan Singh, Aged About 30 Years, R/o Athuna Bas Bhojasar Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj10Ga7197 And Rj07Gc7157.

¶167

Hari Singh S/o Arjun Ram, R/o Godaran Mohalla Harasar Sujangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj44Ga0607.

¶168

Bharat Singh Shekhawat S/o Devi Singh Shekhawat, R/o Tyagi School Ke Pass Main Market Tilak Nagar Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Ge1877.

¶169

Kushal Singh S/o Samundra Singh, R/o 27 K.n.d. Post 14 Bd Khajuwala Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Gc5628.

¶170

Ratan Lal Prajapat S/o Bhanwar Lal, R/o Prajapati Mohalla Ward No 8 Parihar Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj14Gp9284.

¶171

Suresh Kumar Pareek S/o Hanuman Prasad Pareek, R/o Gogasar Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj44Ga0924.

¶172

Indra Chand S/o Bhanwar Lal Sharma, R/o Budhwali

¶173

(10 of 15) [CW-14130/2025]

¶174

[2025:RJ-JP:37966]

¶175

Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj44Ga0941.

¶176

Bheru Singh S/o Balveer Singh, R/o Bhojasar Ratangarh Churu, (Rajasthan). Registered Owner Ofvehicle Registration No. Rj07Gc3460 And Rj07Gc3289 And Rj07Ga8979.

¶177

Rajesh S/o Shankar Lal, R/o Rajiv Gandhi Colony Parihara Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj16Ga4021.

¶178

Mahendra Kumar S/o Arjun Ram, R/o Bhojasar Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Gc1784.

¶179

Rajkumar Jakhar S/o Dhana Ram, R/o Chainpura Teh Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj10Ga3901.

¶180

Sunita Kanwar W/o Bhanwar Singh, R/o Girls School Ke Pass Ward No 02 Parihara Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj10Ga5657.

¶181

Ramniwas Ghintala S/o Likhama Ram, R/o Pabusar Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj44Gb9297.

¶182

----Petitioners

¶183

Versus

¶184

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

¶185

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

¶186

Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

¶187

Regional Transport Officer, Rto Office Sikar, District Sikar. (Rajasthan).

¶188

District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu. (Rajasthan).

¶189

District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

(11 of 15)

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[CW-14130/2025]

Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajasthan).

¶194

District Transport Officer, Dto Office Didwana, District Nagaur . (Rajasthan).

¶195

District Transport Transport Officer, Dto Office Nagaur, District Nagaur. (Rajasthan).

¶196

District Transport Transport Officer, Dto Office Ganganagar , District Ganganagar. (Rajasthan).

¶197

----Respondents

¶198

S.B. Civil Writ Petition No. 13652/2025

¶199

Ajit Singh Shekhawat S/o Shri Madho Singh, Aged About 36 Years, R/o Dorasar, Jhunjhunu, Deorasar, Rajasthan- 333021.

¶200

----Petitioner

¶201

Versus

¶202

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

¶203

Commissioner, Transport Department, Government Of Rajasthan, Jaipur, Rajasthan.

¶204

District Transport Officer, Dto Office Kotputli, District Kotputli- Behror, Rajasthan.

¶205

----Respondents

¶206

S.B. Civil Writ Petition No. 13955/2025

¶207

M/s Jagdamba Stones, Partnership Firm Having Its Registered Office At Fng-1, Pn 709, Rama Apartment, Vivek Vihar, Shyam Nagar, Jaipur, Rajasthan - 302019 Through Its Partner Shri Sagar Singh.

¶208

----Petitioner

¶209

Versus

¶210

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

¶211

Commissioner, Transport Department, Government Of Rajasthan, Jaipur, Rajasthan.

¶212

District Transport Officer, Dto Office Kotputli, District

¶213

(12 of 15) [CW-14130/2025]

¶214

[2025:RJ-JP:37966]

¶215

Kotputli-Behror, Rajasthan.

¶216

----Respondents

¶217

For Petitioner(s)	: Mr. Abhishek B. Sharma Ms. Jamasi Ms. Priyanka Paliwal for
	Mr. Raj Kumar Goyal Mr. Surjeet Singh Mr. Jatin Chawla
For Respondent(s)	: Mr. S.S. Naruka,AAG

¶218

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

¶219

17/09/2025

¶220

As the present bunch of petitions revolve around identical issues of facts and law, and the petitions herein are filed seeking analogous reliefs; and the present petitions are adjudicated by this common judgment which shall be applicable upon all the petitions connected herein on mutatis mutandis basis. 2. Learned counsel for the petitioners has submitted that these petitions are filed under the provisions of Article 226 of the Constitution of India to seek redressal of grievances arising from the arbitrary and unjust actions of the respondents. It is apprised to the Court that the primary issue herein is that the respondents have suspended the Registration Certificates (RCs) of the petitioners' vehicles/trucks, without complying with the provisions of the Motor Vehicles Act, 1988 and other allied statues. It is further submitted that the said action of the respondents violates not only the procedural requirements of the governing statues, such as issuing notices, providing adequate opportunity for hearing, or ensuring proper service of notices, but also the

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principles of natural justice. Nevertheless, as a result of the aforementioned, hefty penalties were imposed upon the petitioners for alleged overloading, merely on the basis of thirdparty evidence, such as reports from the Mining Department, without conducting physical verification.

¶225

Learned counsel has relied upon the provisions of Sections 53, 113, 114, and 194 of the Motor Vehicles Act, 1988 (primarily), along with the principles of natural justice and the General Clauses Act, 1897 qua mandatory effective service. It is submitted that if notices or orders are not served at the correct and complete addresses, the service is deemed to be defective and incomplete. Additionally, counsel has referred to provisions of the Code of Civil Procedure (CPC), which mandate granting three-four opportunities for hearing, and has submitted that neither of the aforementioned provisions and procedural mandates were adhered by the respondents herein.

¶226

In this regard and to substantiate the contentions made insofar learned counsel has placed reliance on the judgment of Coordinate Bench of this Court passed on 28.07.2025 in SBCWP No.9721/2025 titled as Kanwar Singh and Ors. Vs. State of Rajasthan and Ors.

¶227

Per contra , learned Additional Advocate General, Mr. S.S. Naruka has submitted that as per the software and information provided by the Mining Department or other relevant departments, details regarding gross weight and related credentials are taken; based on which the issuance of E-Ravanna and requirements are carried out. It is submitted that an

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assiduous analysis is conducted by the competent authorities, and after adhering with the due procedure within the prescribed upper limit, appropriate proceedings are initiated.

¶232

It is further submitted that the principles of natural justice are duly complied with in-toto, including the issuance of show cause notices, provisions of a reasonable notice period, and opportunities for hearing or grant of audience. Regarding service of notices, it is emphasized that the addresses provided in the registration certificate remains valid until amended and communicated to the relevant department. Therefore, the contention regarding defective service of notice is not tenable. Additionally, it is submitted that the petitioners have an efficacious alternative remedy as available under the Motor Vehicles Act, nevertheless in the petitions at hand, disputed questions of fact are involved and the writ Court ought not to entertain and adjudicate the same. Accordingly, it is prayed that these petitions should be dismissed at the threshold, due to the availability of an alternative efficacious remedy and the statutory conditions being complied with.

¶233

Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record in the lead petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the individual petitions, is of a view that the impugned orders (as assailed in the respective petitions), whereby the Registration Certificates of the vehicles owned/possessed by the petitioners are suspended, needs to be set aside, for the reasons

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that the said vehicles are the source of bread and butter of the petitioners and their families. Howsoever, the aforementioned revocation shall only be effective subject to a condition that the petitioners along with their counsel concerned shall report to/before the notice issuing authorities, on 03.10.2025, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days i.e. by 17.10.2025.

¶238

Audience with respect to the same will be provided by competent authority on 27.10.2025. Adjudication of the same be carried out thereafter within a period of 15 days.

¶239

It is made clear that during the period of consideration of grievances, the RCs of the vehicles owned/possessed by the petitioners, which are suspended, shall be revoked and the status of the vehicle in furtherance to the consequential proceedings as registered and entered upon the official portal concerned, shall be updated, without further ado.

¶240

It is made clear that no prejudice will be caused to either side on account of passing of the present order.

¶241

In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed.

¶242

(SAMEER JAIN),J

¶243

DEEPAK/53, 56-62, s-134, 138, 140-141

Akbar Ali S/O Mohammed Sultan Kunjada v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Akbar Ali S/O Mohammed Sultan Kunjada v. State of Rajasthan

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What is this about?

What did the court decide?

What the court decided

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