Tehsil Kotputli, Jaipur Rajasthan, Owner of Truck v. State Of Rajasthan, Through The Secretary, Transport

Judgment

1. Deepak Chandila S/o Gajraj Singh, Aged About 37 Years, R/o Badoli (116) Faridabad Hr. Owner Of Truck No. Hr.38.ae.0598.

2. Ocean India, Through Its Prop. Usha Vandana Sharma W/o Lucky Sharma Aged About 46 Year R/o A-107-,

3912, First Floor, Sgm Nagar, Block-A Faridabad, Hr. Owner Of Truck No. Hr.38.ae.1917. [2025:RJ-JP:37261] (2 of 9) [CW-13402/2025]

3. M/s Sadguru Sai Logistics, Through Its Prop. Chirag Yadav S/o Chandra Bhab Yadav Aged About 34 Year R/o C/o Agrim Pratap Parmar Flat No. 101 Water Green Appt 1234 Sean Sun Layout Naka 9 Jajtala Nagpur Mh. Owner Of Truck No. Mh. 31.fc.5196. ----Petitioners Versus

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

5. Jaipur. Regional Transport Office, Sikar. Regional Transport Officer, Alwar. District Transport Officer, Kotputali District Jaipur. Regional Transport Office, Bharatpur ----Respondents S.B. Civil Writ Petition No. 14047/2025

1. Ankit Choudhary S/o Shri Bhoop Singh, Aged About 29 Years, R/o Village Jaguwas, Behror, Alwar, (Raj.) Owner Of Vehicle Registration No. Rj32Gc2050. Rj32Gc1616. And Rj32Gc1100.

2. M/s Choudhary Construction Co., Through Proprietor Ankit Choudhary S/o Shri Bhoop Singh, R/o 1 Vpo Jaguwas, Tehsil Behror, District Alwar, (Raj.) Owner Of Vehicle Registration No. Rj32Gc3165. ----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,rajasthan.

4. District Transport Officer, Dto Office, Kotputli, District Kotputli-Behror, Rajasthan. [2025:RJ-JP:37261] (3 of 9) [CW-13402/2025]

5. Regional Transport Officer, Rto Office, Alwar, District Alwar, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 14056/2025

1. Sukhveer S/o Dharmpal, Aged About 45 Years, R/o Ward No 01 Kuharwas Buhana Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj14Gj7810.

2. M/s Aman Mines And Stone Crusher, Registered Address Chokdi Teh Khandela Sikar, (Rajasthan) Through Proprietor Aman Jakhar S/o Jai Prakash Jakhar R/o 176 Sirsi Road, Hanuman Nagar Extention Jaipur, (Rajasthan) Owner Of Vehicles Registration No. Rj23Gb5293 And Rj23Gb3289.

3. M/s R.k. Saran Construction Company, Registered Address Sarano Ki Dhani, Nokha Road Nagaur, (Rajasthan) Through Proprietor Jagdish S/o Purna Ram Jakhar R/o Sarano Ki Dhani Nokha Road Nagaur, (Rajasthan) Owner Of Vehicles Registration No. Rj21Gc1002.

4. Ajay Pal S/o Prahlad Ram, R/o Hingoniya Nagaur, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Gd0959.

5. Naval Kishor Vaishnav S/o Nand Kishor Vaishnav, R/o Pani Ki Tanki Ke Pass Gandhi Nagar W No 01 Madanganj Kishangarh Ajmer, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj42Ga0902.

6. M/s Jai Shri Baba Balaknath Ji Suppliers, Registered Address-Baganwala Zone Vill Khanak Teh Tosham Bhiwani, (Rajasthan). Through Proprietor Mohan Ram S/o Sankar Lal R/o 86 Ward No 11 Garhwala, Bikaner. (Rajasthan). Owner Of Vehicles Registration No. Rj07Ge5302 And Rj07Ge5193. ----Petitioners Versus

1. State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary. [2025:RJ-JP:37261] (4 of 9) [CW-13402/2025]

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. District Transport Officer, Dto Office Didwana, District Nagaur. (Rajasthan).

8. District Transport Officer, Dto Office Nagaur, District Nagaur. (Rajasthan).

9. District Transport Officer, Dto Office Kishangarh, District Ajmer. (Rajasthan)

10. Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14057/2025

1. Bhawani Singh S/o Bodu Singh, Aged About 50 Years, R/o Dhani Jeevan Singh Ki Ward No 13 Jugalpura Teh Neem Ka Thana Sikar, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj14Gk2711 And Rj32Gb2081.

2. Vijay Singh S/o Chhatar Singh, R/o 242 Naya Atela Khurd Charkhi Dadri Harayana C/o Manish Kumar S/o Ramchandra R/o Ureeka Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gb5376 And Rj18Gb8076.

3. Pawan Kumar S/o Chet Ram, R/o Bhagna Chirawa Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gb4535.

4. Devki Nandan S/o Chhagan Lal, R/o Wn 19 Nayako Ka Mohalla Near Police Station Pilani Chirawa Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration [2025:RJ-JP:37261] (5 of 9) [CW-13402/2025] No. Rj18Gb3929.

5. Ravinder Kumar S/o Sheel Kumar, R/o Shikhopur Gurgaon, (Hariyana). Registered Owner Of Vehicle Registration No. Hr55As0071.

6. Vijay S/o Satpal, R/o Vpo Bilawal Teh Bilawal Teh Charkhi Dadri (Hariyana). Registered Owner Of Vehicle Registration No. Hr840360. ----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. Assistant Regional Transport Officer, Arto Office Jagatpura, District Jaipur. (Rajasthan).

8. District Transport Officer, Dto Office Kotputali, District Kotputali-Behror. (Rajasthan).

9. District Transport Transport Officer, Dto Office Shahpura, District Jaipur. (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14063/2025 M/s Shri Balaji Marble, Registered Address-Village And Post Tilwad, Via Palpur, Tehsil Rajgarh, District Alwar (Rajasthan) Through Proprietor Kalu Ram Meena Son Of Shri Panchu Ram Meena, Age About 53 Years, Vikas Colony, Tilwar, District Alwar (Rajasthan), Registered Owner Of Vehicle Registration [2025:RJ-JP:37261] (6 of 9) [CW-13402/2025] No. Rj 02 Gb 6478 ----Petitioner 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). ----Respondents For Petitioner(s) : Ms. Jamasi, Adv. Mr. Raj Kumar Saini, Adv. Mr. Surjeet Singh, Adv. Mr. Aatish Jain, Adv. For Respondent(s) : Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 15/09/2025

1. Learned counsel for the petitioners has submitted that these petitions are 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, [2025:RJ-JP:37261] (7 of 9) [CW-13402/2025] 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 physical verification.

2. Learned counsel has relied upon the provisions of Sections 53, 113, 114, and 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 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 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 [2025:RJ-JP:37261] (8 of 9) [CW-13402/2025] credentials are taken; based on which the issuance of E-Ravanna 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 petitions 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 these petitions 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 lead petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the individual petitions, is of a view that the impugned orders (as assailed in the respective petitions), whereby the [2025:RJ-JP:37261] (9 of 9) [CW-13402/2025] Registration Certificates of the vehicles owned/possessed by the petitioner are suspended, needs to be set aside, for the reasons 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 24.09.2025 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 24.10.2025. Adjudication of the same be carried out thereafter within a period of 15 days i.e. 10.11.2025.

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. CHANDAN /10,12,19,20,21,23 (SAMEER JAIN),J