Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 36575 (RAJ)

CHHOTA RAM v. UNION OF INDIA

CW/20757/2024 · 2025-01-03

Pushpendra Singh Bhati, Rekha Borana

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JD:255-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 20757/2024 1. Chhota Ram S/o Megha Ram, Aged About 45 Years, R/o Jocheena, Tehsil Jayal, District Nagaur (Raj.). Vehicle No. Rj-21-Gc-5330. 2. Girdhari Ram S/o Mukna Ram, Aged About 37 Years, R/o Khatu Khurd, Chhoti Khatu, District Nagaur (Raj.). Vehicle No. Rj-21- Gc8165. 3. Satar Khan S/o Jalu Khan, Aged About 61 Years, R/o Aas Ki Dhani, Didwana, District Nagaur (Raj.). Vehicle No. Rj- 21-Gb-9939. 4. Babu Lal S/o Bajrang Lal, Aged About 71 Years, R/o Brahmano Ka Bass, Khudi Pawa, District Nagaur (Raj.). Vehicle No. Rj-01-Ua-0174. 5. Rameshwar Ram S/o Arjun Ram, Aged About 57 Years, R/ o Ward No. 14, Defense Colony, Parbatsar, District Nagaur (Raj.). Vehicle No. Rj-21-Gb-5312. 6. Rajasthan Shikshan Sansthan, Through Suman Kanwar W/o Surendra Singh, Aged About 31 Years, R/o Ruwan, Sania, District Nagaur (Raj.). Vehicle No. Rj-37-Pa-3209. 7. Sher Singh Rathore S/o Ram Singh Rathore, Aged About 27 Years, R/o Plot No. 116 Zsb Near Rto Office, Bjs Colony, District Jodhpur (Raj.). Vehicle No. Rj-19-U0333. ----Petitioners Versus 1. Union Of India, Through Its Secretary To The Government. Ministry Of Road Transport And Highways, Transport Bhawan-I, Sansad Marg. Gokul Nagar, Connaught Place. New Delhi. 2. State Of Rajasthan, Through Secretary, Transport Department, Govt. Of Rajasthan, Parivahan Bhawan Sahkar Marg, Jaipur (Raj.). 3. Commissioner Of Transports, Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur (Raj.). 4. District Transport Officer, Dto Office, Nagaur (Raj.). 5. District Transport Officer, Dto Office, Deedwana (Raj.). 6. District Transport Officer, Dto Office, Jodhpur (Raj.). ----Respondents [2025:RJ-JD:255-DB] (2 of 3) [CW-20757/2024] For Petitioner(s) : Mr. Shiv Singh For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. S.G. Mr. R. D. Rastogi, ASG with Mr. Devesh Yadav and Mr. Pooshan Mr. Rajdeep Singh Chouhan for Mr. Sajjan Singh Rathore, AAG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MS. JUSTICE REKHA BORANA Order 03/01/2025 1. This writ petition seeks to challenge the validity of note appended to Serial No.11A of Rule 81 of the Central Motor Vehicles Rules, 1989, as amended vide notification dated04.10.2021. 2. This Court at Jaipur Bench in the case of Shyam Prakash Meena & Ors. vs. Union of India & Ors. [D.B. Civil Writ Petition No.14258/2024 and other connected writ petitions decided on 19.12.2024] has allowed the writ petitions and declared the above note as ultra vires Section 64 (o) read with Section 211 of the Motor Vehicles Act, 1988 as also inoperative in law. 3. Accordingly, this writ petition is also allowed in the terms of decision rendered by this Court at Jaipur Bench in the case of Shyam Prakash Meena (supra). In the matter of consideration of application for renewal of fitness certificate filed by the petitioners, the respondents shall not levy any additional fee for each day of delay after expiry of validity period of fitness certificate. We make it clear that no other issue has been considered and the petitions [2025:RJ-JD:255-DB] (3 of 3) [CW-20757/2024] are being allowed only in the manner and to the extent as stated above. 4. Stay petition and all pending applications, if any, stand disposed of. (REKHA BORANA),J (DR.PUSHPENDRA SINGH BHATI),J 98-KashishS/-