[2025:RJ-JP:49211]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18838/2025

1. Kunna Ram Punia S/o Bhanwara Ram, Aged About 43

Years, R/o Ward No 09 Dhani Kalera Teh Bidasar Churu, (Rajasthan). Registered Owner Of Vehicle Registration No.

Rj07Gc7777.

2. M/s Rrk Construction Company, Registered Address Ward

No 12 Bhartiya Hospital Road Churu, (Rajasthan) Through Proprietor Rahish Bhati S/o Haji Roshan R/o Ward No 12 Bhartiya Hospital Road Churu, (Rajasthan) Owner Of

Vehicles Registration No. Rj10Gb8502.

3. Mahendra Singh S/o Jaswant Singh, R/o Hadla Rawalotan

Bikaner, (Rajasthan). Registered Owner Of Vehicle

Registration No. Rj07Gf9291.

4. Ram Lal Jat S/o Saitana Ram Jat, R/o Ward No 06 Lalasar

Banirotan Churu, (Rajasthan). Registered Owner Of

Vehicle Registration No. Rj44Ga3170.

----Petitioners

Versus

1. State Of Rajasthan, Transport Department Of Rajasthan,

Secretariat, Jaipur, Rajasthan, Through Secretary.

2. Department Of Mining And Geology, Government Of

Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint

Secretary.

3. Commissioner, Transport Department, Government Of

Rajasthan, Jaipur.

4. Regional Transport Officer, Rto Office Sikar, District Sikar.

(Rajasthan).

5. District Transport Officer, Dto Office Jhunjhunu, District

Jhunjhunu. (Rajasthan).

6. District Transport Officer, Dto Office Sujangarh, District

Churu. (Rajasthan).

7. Regional Transport Officer, Rto Office, District Bikaner.

(Rajasthan).

8. District Transport Officer, Dto Office Didwana, District

Nagaur. (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Surjeet Singh

For Respondent(s) : Mr. S.S. Naruka, AAG assisted by

Mr. Sachin Singh Rathore

HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

03 /12/2025

1. Learned counsel for the petitioners has submitted that the petition has been filed under the provisions of Article 226 of the Constitution of India to seek redressal of the grievances arising from 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 statute. It is further submitted that the said action of the respondents violates not only the procedural requirements of the governing statute, such as issuing notices, providing adequate opportunity for hearing, or ensuring proper service of notices, but also the 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 third party evidence, such as reports from the Mining Department, without conducting the physical verification.

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

3. In this regard and to substantiate the contentions made insofar, learned counsel for the petitioners has placed reliance upon the judgment of a Co-ordinate Bench of this Court passed on 28.07.2025 in S.B. Civil Writ Petition No. 9721/2025 (Kanwar Singh & Ors. Vs. State of Rajasthan & Ors)

4. Per contra, Mr. S.S. Naruka, learned Additional Advocate General has submitted that as per the software and information provided by the Mining Department and other relevant departments, details regarding gross weight and related credent