JAGDISH PRASAD S/O SHRI NATHURAM v. UNION OF INDIA
CW/631/2025 · 2025-01-30
Inderjeet Singh, Pramil Kumar Mathur
body2025
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[ 2025 DAILYLAW 2682 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2682 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:4159-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 631/2025
1. Jagdish Prasad S/o Shri Nathuram, Aged About 64 Years, R/o Dhani Jiwaka Wali Reengas, Tehsil Reengus, District Sikar (Raj.) (Registered Owner Of Vehicle No. Rj-23-C- 1613)
2. Chhaju Ram S/o Mali Ram, Aged About 65 Years, R/o Dhani Byor, Sanwalpura, Tehsil Neem Ka Thana, District Sikar (Raj.) (Registered Owner Of Vehicle No. Rj-02-C- 3045)
3. Saroj W/o Mukesh Yadav, Aged About 41 Years, R/o Bada Bandh Ki Dhani Raipur Patan, District Sikar (Raj.) (Registered Owner Of Vehicle No. Rj-37-Ua-0061)
4. Nemi Chand S/o Shyopal, Aged About 47 Years, R/o Mandawara, District Sikar (Raj.) (Registered Owner Of Vehicle No. Rj-23-Ta-3896)
5. Ram Gopal Jat S/o Deva Ram Jat, Aged About 42 Years, R/o 36 Kookhil Ki Dhani Sirsi Radha Kishanpura, Tehsil Amer, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj-14-3C-0339)
6. Ramkishor Saini S/o Ishwar Lal Saini, Aged About 52 Years, R/o Vikash Nagar Choudhani Ward No. 9 Chomu, Tehsil Chomu, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj-41-Ga-4757)
7. Mukesh Kumar Serawat S/o Gopal Lal, Aged About 28 Years, R/o Harota, Tehsil Chomu, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj-41-Ga-5240)
8. Om Prakash S/o Sharvan Lal, Aged About 37 Years, R/o Bawadi Tigaria, Tehsil Chomu, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj-41-Ga-3970)
9. Krishan Kumar S/o Bhagwan Sahay, Aged About 39 Years, R/o 32 Jakhado Ki Dhani Habu Ka Bas, Tehsil Chomu, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj- 41-Ua-2060)
10. Madan Lal Soni S/o Narsingh Soni, Aged About 64 Years, R/o 85 Brahmano Ka Mohalla Kishanpura, Tehsil Chomu, District Jaipur (Raj.) (Registered Owner Of Vehicle No. Rj- 23-C-3265)
[2025:RJ-JP:4159-DB] (2 of 3) [CW-631/2025]
11. Asin Children Academy, Radha Swami Bagh, Chomu, Tehsil Chomu, District Jaipur (Raj.) Through Secretary. (Registered Owner Of Vehicle No. Rj-14-Pa-7917) ----Petitioners Versus
1. Union Of India, Through Secretary To Government, Ministry Of Road Transport And Highways, Transport Bhawan, 1 Sansad Marg, Gokul Nagar Connaught Place, New Delhi. 2. State Of Rajasthan, Through Principal Secretary Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur. 3. Commissioner Of Transports Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur. 4. District Transport Officer, Jhalana, District Jaipur (Raj.)
5. District Transport Officer, Jagatpura, District Jaipur (Raj.)
6. District Transport Officer, Sikar, District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr.
R.D. Rastogi, ASG assisted by Mr. Samaksu Dasot, Mr. Vaibhav Bhansali and Mr. Devesu Yadav Mr. S.S. Naruka, AAG assisted by Mr. Sachin Singh and Mr. Jitendra Kumar Takar HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 30/01/2025 We find that even though this Court, vide judgment dated19.12.2024 in Shyam Prakash Meena & Ors. Vs. Union of India 7 Ors. [D.B. Civil Writ Petition No. 14258/2024 and connected petitions], has allowed the writ petitions and declared the note at serial no. 11 A of Rule 81 of the Central Motor Vehicles
[2025:RJ-JP:4159-DB] (3 of 3) [CW-631/2025] Rules1989, as amended vide notification dated 04.10.2021, as ultra-vires Section 64 (o) read with Section 211 of the Motor Vehicles Act, 1988 as also inoperative in law, petitions are being filed seeking similar relief. Such petitions are not maintainable as the validity of a rule cannot be allowed to be challenged again and again. This petition is misconceived and is, therefore, dismissed as frivolous. However, petitioner will be at liberty to challenge the action of the respondents on such grounds as may be available under the law. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Arun Bathla /27