CW/19352/2022 of IRFAQ KHAN S/O ROSHAN Vs STATE OF RAJASTHAN on 22 December 2022

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

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

3. Department Of Mining And Geology, Govt. Of Haryana, 30 BayBuilding, Room No. 79, 1St Floor, Sector 17, Chandigarh ThorughIts Joint Secretary.Building, Room No. 79, 1St Floor, Sector 17, Chandigarh ThorughIts Joint Secretary.

4. Regional Transport Officer, Nuh Haryana.

5. Regional Transport Officer, Near Lohagarh Stadium, SubhashNagar, Bharatpur.Nagar, Bharatpur.

6. Regional Transport Officer, Alwar.

----Respondents

For Petitioner(s) : Mr. Mohd. Shakir Khan, Advocate For Respondent(s)

: Dr. Ganesh Parihar, AAG with

Mr. Vishnu Shankar Badaya, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVAJudgment / Order 22/12/2022

Challenge in the writ petition is to the action of the respondentswhereby, the truck/transport/loading vehicle belonging to the petitioner,registered with various registering authorities, has been categorized as“blacklisted” on the “Vahan Portal” of the Transport Department for allegedoverloading solely on the strength of e-rawanna issued by MiningDepartment.

On the joint request and with the consent of the learned counsels forthe respective parties, this writ petition is disposed off in following terms:

(i) The respondents shall launch prosecution against the petitioner/vehicle owner who does notwish to opt for Amnesty Scheme floated by the respondents for compounding the offence of overloading valid upto 31.03.2022 within two weeksthereafter.

(ii) The vehicle of the petitioner/vehicle ownershall be de-classified from “blacklisting” immediately.(iii) Learned Additional Advocate General undertakes to get nomenclature from “blacklisting” changed toany other appropriate and suitable nomenclaturereflecting offence(s) committed by the driver/vehicleowner, on its “Vahan Portal”.

(iv) In case where the allegation of overloadingappears to be false on its face in view of sometechnical glitch, the petitioner/vehicle owner shall beat liberty to submit a representation for redressal ofthe grievance(s) within 10 days from today and thelearned AAG assures that the same will beconsidered within a week thereafter vide a reasonedorderwithitscommunicationtothepetitioner/vehicle owner.

(v) Forrenewalofpermit/fitness

certificate/registration certificate or of transfer ofregistration certificate, the respondents shall proceedin accordance with the statutory provisions containedunder the Motor Vehicles Act, 1988 without beinginfluenced by the fact that their vehicles have beenclassified as “blacklisted”.

(MANINDRA MOHAN SHRIVASTAVA),J