Advocates:
['ANAND SINGH RAJAWAT', '', 'R P SINGH', 'SANDEEP SINGH SHEKHAWAT', '', 'V D GATHALA ADD G C', 'N S CHAUHAN DY G C', 'ASHOK GAUR', 'ANURAG SHARMA AAG']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. Civil Writ Petition No.2372/2014

All Rajasthan Bajri Truck Operators Welfare Society

Versus

State of Rajasthan & Ors.

DATE OF ORDER : 18/12/2014

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr. R.P. Singh, for petitioner

Mr. Anurag Sharma, Additional Advocate General

Mr. Ashok Gaur, Sr. Adv. with Mr. S.S. Shekhawat, for respondent/s

***

This writ petition has been filed by All Rajasthan Bajri Truck

Operators Welfare Society to seek a restraint order on the lease

holders from loading trucks in excess to permissible limit. The

direction is also sought for making them accountable for violation of

the provisions of Motor Vehicles Act, 1988 (in short “Act of 1988” ).

It is submitted that excavation of Bajri is governed by Rule 63

of Rajasthan Minor Mineral Concession Rules, 1986 (in short “Rules

of 1986”). As per provision, then existing, any one was free to

excavate and pay royalty at the Check Post of the Mining Department

for its further transportation. The practice aforesaid was deprecated

by Apex Court in the case of Deepak Kumar Vs. State of Haryana,

reported in (2012) 4 SCC 629