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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 9145/2023

Rameshwar S/o Raichand, Aged About 57 Years, Resident Of -

Raisisar Bas Bara, Bikaner, District - Bikaner (Raj.).

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary To

Government, Department Of Transport, Government Of

Rajasthan, Secretariat, Jaipur.

2.

Secretary, Department Of Mines And Geology,

Government Of Rajasthan, Secretariat, Jaipur.

3.

Regional Transport Officer, Regional Transport Office,

Bikaner (Raj.).

4.

District Transport Officer, Nagaur.

----Respondents

For Petitioner(s)

:

Mr. Rishabh Purohit.

For Respondent(s)

:

Mr. Sudhir Tak, AAG.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

13/07/2023

Learned counsel for the petitioner has relied upon the order

rendered by Jaipur Bench of this Hon’ble Court in S.B. Civil Writ

Petition No.1964/2022 (Zabir Khan Vs. State of Rajasthan

& Ors.) decided on 14.03.2022, thus, he seeks similar order /

directions for the present petitioner also.

The order dated 14.03.2022 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.

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

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(2 of 2)

[CW-9145/2023]

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.

(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”.

In light of the aforequoted order, the present writ petition as

well as stay petition are also disposed of on the same terms

except that the date of Amnesty Scheme shall be read as

30.09.2023.

All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

63-/Jitender//-