Housing Board Devipura Sikar, Owner Of Truck Bearing v. State Of Rajasthan, Through The Secretary, Transport

Judgment

1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. Regional Transport Officer, Bharatpur. Regional Transport Office, Sikar. Regional Transport Officer, Alwar. District Transport Officer, Kotputali District Jaipur. District Transport Officer, Jhunjhunu.

6. With ----Respondents S.B. Civil Writ Petition No. 14914/2025

1. Pawan Thakan S/o Shivdan, Aged About 26 Years, R/o [2025:RJ-JP:39442] (2 of 9) [CW-14728/2025] Mandoli Singrawt Sikar, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj44Ga2574

2. Ram Narayan Godara S/o Rameshwar Lal Godara, R/o Post Malasar Molaniya Bambloo Bikaner (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Ge5255.

3. Radha Krishan S/o Bhadar Ram, R/o Sirasar Rawatsar Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb0126.

4. Madan Gar S/o Ram Kumar, R/o Baramsar Teh Rawatsar Distt Haumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb2971.

5. M/s Akshita Construction Company, Registered Address Bhangiwad Road 00 Salasar Churu, (Rajasthan) Through Proprietor Ashok Kumar Meel S/o Daya Ram R/o Ward No 09 Bhangiwad Road Salasar Churu, (Rajasthan) Owner Of Vehicles Registration No. Rj44Ga1198 And Rj44Ga3897.

6. M/s Maa Durga Trading And Transport Com., Registered Address Randisar Govt Primary School Randhasar Churu, (Rajasthan) Through Proprietor Jivan Ram S/o Mana Ram R/o Randisar Churu, (Rajasthan) Owner Of Vehicles Registration No. Rj44Gb1251.

7. M/s Ladli Construction Company, Registered Address Vpo Randhisar Tehsil Sujangarh Churu, (Rajasthan) Through Proprietor Babu Lal Hudda S/o Jeevan Ram R/o Ward No 09 Randisar Churu, (Rajasthan) Owner Of Vehicles Registration No. Rj44Gb3051.

8. M/s Balaji Trading Company, Registered Addressc Ranisar Lunkaransar Bikaner, (Rajasthan) Through Proprietor Bhagi Rath S/o Ram Gopal R/o Ward No 13 Village Sawakar Deidasapura Ganganager, (Rajasthan) Owner Of Vehicles Registration No. Rj07Ge4645.

M/s Shri Bajrang Construction Company, Registered Address Vpo Adaser Rawanagar Teh Loonkaransar Bikaner, (Rajasthan) Through Proprietor Bishannath S/o Lal Nath Siddh R/o Near Hospital Adaser Rawanagar Disst Bikaner, (Rajasthan) Owner Of Vehicles Registration No. Rj07Ge7139. [2025:RJ-JP:39442] (3 of 9) [CW-14728/2025] ----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. District Transport Officer, Dto Office Didwana, District Nagaur. (Rajasthan).

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

9. Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajasthan).

10. Regional Transport Officer, Rto Office Jaipur Second, District Jaipur. (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14915/2025

1. Kishor Singh S/o Tej Singh, Aged About 35 Years, R/o Ward 3 Puskarna Bass Bigga Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Gd4756.

2. Bajrang Lal S/o Ridmal, R/o Danyasar Teh Rawatsar W. No.40 Haumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Ga9345.

3. Rajpal S/o Bajrang Lal, R/o Ward No 08,danyasar Teh Rawatsar Haumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb0993.

4. Rakesh Kumar S/o Bhikha Ram, R/o Danyasar Teh [2025:RJ-JP:39442] (4 of 9) [CW-14728/2025] Rawatsar Haumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Ga9824.

5. Ram Karan Meel S/o Rewant Ram, R/o Rani Bazar Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj07Gd2595 And Rj07Gd5301.

6. Narayan Ram S/o Narsa Ram, R/o Jogaliya Sujangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj10Ga3988.

7. M/s Bhavnish Logistic, Registered Address Shop No 02 Rawatshar Bishhasahr Teh Rawatsar Distt Hanumangarh (Rajasthan) Through Proprietor Jagdish Prasad S/o Shri Chand R/o Bisrasar Teh Rawatsar Distt Hanumangarh (Rajasthan) Owner Of Vehicles Registration No. Rj31Gc3172 And Rj31Gb3572.

8. M/s Dhetarwal Transport Company, Registered Address Khata No 08 Khasra No 915/285 Pallu Sardarsahar Road Near Chahat Bhojnalya Rawatsar Hanumangarh (Rajasthan) Through Proprietor Surendra S/o Om Prakash R/o Ward No 01 Pakke Johan Ke Pass Bisarasar Hanumangarh, (Rajasthan) Owner Of Vehicles Registration No. Rj31Gc5572 And And Rj31Gb3772.

9. Monika Devi S/o Om Prakash, R/o Bisrasar Rawatsar Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gc5172.

10. Om Prakash S/o Sri Chand, R/o Bisrasar Rawatsar Hanumangarh, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj31Gb5172.

11. Mahaveer Prasad Swami S/o Boda Das Swami, R/o Bhojasar Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj13Gb0531 And Rj07Gb4375. ----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. [2025:RJ-JP:39442] (5 of 9) [CW-14728/2025]

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. Regional Transport Officer, Rto Office Bikaner, District Bikaner. (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14930/2025

1. M/s G.m. Minerals, New Bus Stand, Tehsil Shahpura, District Jaipur, Through Proprietor Mohan Singh Shekhawat S/o Bhanwar Singh Aged About 56 Years, R/o Vtc Bhonawas , Post Bhonawas, Sub District Kotputli, District Jaipur, Rajasthan. Registered Owner Of Vehicle Registration No. Rj 52 Ga 5990

2. Mohan Singh S/o Bhanwar Singh, R/o Vpo Shakti Vihar Colony, Kotputli, Jaipur, Rajasthan. Registered Owner Of Vehicle Registration No. Rj 32 Gb 0928 ----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. District Transport Officer, Dto Office Kotputli, District Kotputli-Behror (Rajasthan). [2025:RJ-JP:39442] (6 of 9) [CW-14728/2025] ----Respondents For Petitioner(s) : Ms. Priyanka Paliwal for Mr. Raj Kumar Goyal Mr. Surjeet Singh Mr. Hemant Singh Shekhawat For Respondent(s) : Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/09/2025

1. As the present bunch of petitions revolve around identical issues of facts and law, and the petitions herein are filed seeking analogous reliefs; and the present petitions are adjudicated by this common judgment which shall be applicable upon all the petitions connected herein on mutatis mutandis basis.

2. 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, 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 [2025:RJ-JP:39442] (7 of 9) [CW-14728/2025] petitioners for alleged overloading, merely on the basis of third- party evidence, such as reports from the Mining Department, without conducting physical verification.

3. Learned counsel has relied upon the provisions of Sections 53, 113, 114, and 194 of the Motor Vehicles Act, 1988 (primarily), 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.

4. 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.

5. Per contra, 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 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 [2025:RJ-JP:39442] (8 of 9) [CW-14728/2025] after adhering with the due procedure within the prescribed upper limit, appropriate proceedings are initiated.

6. 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.

7. 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 Registration Certificates of the vehicles owned/possessed by the petitioners are suspended, needs to be set aside, for the reasons that the said vehicles are the source of bread and butter of the [2025:RJ-JP:39442] (9 of 9) [CW-14728/2025] 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 10.10.2025, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days.

8. Audience with respect to the same will be provided by competent authority on 27.10.2025. Adjudication of the same be carried out thereafter within a period of 15 days.

9. 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.

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

11. In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed. DEEPAK/49, s-185-187 (SAMEER JAIN),J