Registered Office At Beri Bandh Dentil Road, Kotputali v. State Of Rajasthan, Through The Secretary, Transport

Judgment

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

6. Jaipur. Regional Transport Officer, Bharatpur. Regional Transport Office, Sikar. Regional Transport Officer, Alwar. District Transport Officer Kotputali, District Jaipur.

Regional Transport Officer, Jaipur (First). ----Respondents S.B. Civil Writ Petition No. 13290/2025

1. Mehar Deen S/o Shri Subhan Khan, Aged About 38 Years, R/o Jhundpuri Tehsil Tijara, Alwar, Owner Of Truck Bearing Number Rj-40Ga-4107.

2. Sakir Khan S/o Shri Hasan Mohd, R/o Village Rewasan (168), Tehsil Nuh, Mewat, (Haryana), Owner Of Truck Bearing Number Hr-74B-2110.

3. Sajid Khan S/o Shri Hasan Mohd, R/o Near Jama Masjid, Rewasan , Tehsil Nuh, Mewat, (Haryana), Owner Of Truck Bearing Number Hr-74B-6876, Hr-74B-9216. [2025:RJ-JP:36021] (2 of 7) [CW-13284/2025]

4. Ibrahim S/o Shri Majid, R/o Village Alam Pur, Tehsil Ramgarh, Alwar, Owner Of Truck Bearing Number Rj- 02Gb-8301.

5. Wakeel S/o Shri Ibrahim, R/o Village Alampur, Cheerwa, Ramgarh, Alwar, Owner Of Truck Bearing Number Rj- 02Gb-8401. ----Petitioners Versus

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

6. Jaipur. Regional Transport Officer, Bharatpur. Regional Transport Office, Sikar. Regional Transport Officer, Alwar. District Transport Officer, Kotputali District Jaipur. Regional Transport Officer, Jaipur (First). ----Respondents S.B. Civil Writ Petition No. 13512/2025

1. Rampal S/o Shri Bhairu Lal, Aged About 56 Years, R/o Gigalpura, Gola, Kharva Tehsil Pisangan District Ajmer. Owner Of Truck Bearing Number Rj-22-Ga-8101.

2. Dnd Cons.and Building Material Supp., Proprietor Tejmal S/o Shri Pratap Ram Age 50 Years R/o Gigalpura, Gola, Kharva Tehsil Pisangan District Ajmer. Owner Of Truck Bearing Number Rj-01-Gc-3033.

3. Suva Ram Gurjar S/o Shri Pratap Ram, Aged About 46 Years, R/o 25, Gujran Mohalla, Gigalpura, Gola, Kharva Tehsil Pisangan, District-Ajmer. Owner Of Truck Bearing Number Rj-36-Ga-2971.

4. Hathi Gurjar S/o Bhala Gurjar, Aged About 57 Years, R/o Village 288, Gigalpura, Gola, Kharva, Tehsil Pisangan, District-Ajmer. Owner Of Truck Bearing Number Rj-01- Ra-9934. ----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Transport [2025:RJ-JP:36021] (3 of 7) [CW-13284/2025] Department, Government Of Rajasthan, Secretariat, Jaipur.

3. Divisional Transport Officer, (Dto) Beawar. Regional Transport Officer, Ajmer. ----Respondents S.B. Civil Writ Petition No. 13574/2025

1. Hansar S/o Ruddar, Aged About 35 Years, R/o Near Krish Mol Gopali Chouk, Tapookra, District Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Gb 6608

2. Iliyash S/o Huramat, R/o Nibaheri, Post Gwalda, District Alwar, Rajasthan Registered Owner Of Vehicle Registration No. Rj 40 Ga 7066 ----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 Alwar, District Alwar (Rajasthan).

5. District Transport Officer, Dto Office Kotputli, District Kotputli-Behror (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 13391/2025 Rajesh Kumar Gurjar S/o Gyarsi Lal Gurjar, Aged About 27 Years, R/o Gavn Jhagdetkalan, Tehsil Bansur, District Alwar, Rajasthan. Registered Owner Of Vehicle Registration No. Rj 32 Gd 3787 ----Petitioner Versus [2025:RJ-JP:36021] (4 of 7) [CW-13284/2025]

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. District Transport Officer, Dto Office Kotputli, District Kotputli Behror (Rajasthan). ----Respondents For Petitioner(s) : Ms. Priyanka Paliwal for Mr. Raj Kumar Goyal Mr. Rajani Vyas Mr. Hemant Singh Shekhawat For Respondent(s) : Mr. Jeetendra Takar for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 08/09/2025

1. Learned counsel for the petitioners has submitted that the instant petition 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 [2025:RJ-JP:36021] (5 of 7) [CW-13284/2025] 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 physical verification.

2. Learned counsel has relied upon the provisions of Sections 53, 113, 114, 194 and 200 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 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.

3. In this regard and to substantiate the contentions made insofar learned counsel has placed reliance on the judgment of Co- ordinate 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.

4. Per contra, the learned counsel for the respondents-State Mr. Jeetendra Takar appearing for 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 [2025:RJ-JP:36021] (6 of 7) [CW-13284/2025] and requirements are carried out. It is submitted that an assiduous analysis is conducted by the competent authorities, and after adhering with the due procedure within the prescribed upper limit, appropriate proceedings are initiated.

5. 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 petition 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 instant petition should be dismissed at the threshold, due to the availability of an alternative efficacious remedy and the statutory conditions being complied with.

6. Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record in the petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the petition, is of a view that the impugned order, whereby the Registration Certificates of the vehicles owned/possessed by the petitioners are suspended, needs to be set aside, for the reasons [2025:RJ-JP:36021] (7 of 7) [CW-13284/2025] 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 15.09.2025, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days.

7. Audience with respect to the same will be provided by competent authority on 03.10.2025. Adjudication of the same be carried out thereafter within a period of 15 days.

8. 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.

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

10. In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed. JKP/14-15, 22-23 & s-176 (SAMEER JAIN),J