[2025:RJ-JP:39072] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14513/2025 1. Hemant S/o Ashok Sharma, Aged About 26 Years, R/o 12- B Dera Village Dera South Delhi 110074 T/add. Pali Bash, Pali Faridabad Hr- Owner Of Truck No Hr.38.u.9302. 2. Preet Roadlines, Through Prop Vijay Pal S/o Mam Chand Aged About 47 Year R/o Vill- Bhainsrawali, Teh- Ballabgarh Bhainsrawali Faridabad Hr- Owner Of Truck No. Hr.38.ab.7731. 3. Sahabudeen S/o Pahlu, Aged About 54 Years, R/o 54 Near Badi Masjid Palla 101 Tehsil Nuh Mewat Hr- Owner Of Truck No. Hr.74.b.8156. 4. Saddam Hussain S/o Rehman, Aged About 33 Years, R/o 144,jaswantpura Masuda Ajmer. Owner Of Truck No.rj.36.ga.3397. 5. Jaidev Tiles, Prop Through Kuldeep S/o Gyan Chand Aged About 34 Year R/o Plot No. 5, Sec-63A, Behrampur Mod, V.p.o Kadarpur, Gurgaon, Hr- Owner Of Truck No. Hr.55.at.0062. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Office, Sikar. 3. Regional Transport Officer, Alwar. 4. District Transport Officer, Kotputali District Jaipur. 5. Regional Transport Office, Bharatpur. ----Respondents With S.B. Civil Writ Petition No. 14535/2025 1. Vijay Kumar S/o Sh. Rajpal Yadav, Aged About 45 Years, R/o Shikhopur (160) Narsinhgpur Gurgaon Hr 122004 (Owner Of Truck Bearing No. Hr55Al1145, Hr55Ar6283) 2. M/s Vishal Stone Crushing Company, Through Proprietor Leelu Alias Krishan S/o Sh. Jhabar Aged About 62 Years, [2025:RJ-JP:39072] (2 of 9) [CW-14513/2025] Office Crushing Zone Naurangpur Gurgaon Hr 122001 (Owner Of Truck Bearing Number Hr55Au0057, Hr55Au2757) ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Joint Secretary, Mines And Geology Department, Secretariat, Jaipur, Rajasthan, 3. Regional Transport Officer, Jaipur Second, District Jaipur Rajasthan. 4. District Transport Officer, Kotputali District Kotputali - Behror Rajasthan. 5. District Transport Officer, Alwar District Alwar Rajasthan. 6. District Transport Officer, Bharatpur District Bharatpur Rajasthan. 7. District Transport Officer, Sikar District Sikar Rajasthan. ----Respondents S.B. Civil Writ Petition No. 14538/2025 1. Vinod Kumar S/o Sh. Budhram, Aged About 41 Years, R/o Ward No. 01, Kaririwas Budhi Bawal Tehsil Kotkasim Alwar Presently District Khairthal -Tijara Rajasthan. (Owner Of Truck Bearing Number Rj40Ga2800, Rj40Ga2600, Rj40Ga1800, Rj40Ga2027) 2. Balwant Singh S/o Sh. Mahender Singh, Aged About 41 Years, R/o Ward No. 01, Kaririwas Alwar Presently District Khairthal -Tijara Rajasthan. (Owner Of Truck Bearing Number Rj32Gb6573) ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Joint Secretary, Mines And Geology Department, [2025:RJ-JP:39072] (3 of 9) [CW-14513/2025] 1. Secretariat, Jaipur, Rajasthan, 3. Regional Transport Officer, Jaipur Second Jaipur Rajasthan. 4. District Transport Officer, Kotputali District Kotputali -Behror Rajasthan. 5. District Transport Officer, Rto Office Jaipur 1St , Jaipur Rajasthan 6. District Transport Officer, Sikar District Sikar Rajasthan. 7. District Transport Officer, Bharatpur District Bharatpur Rajasthan. ----Respondents S.B. Civil Writ Petition No. 14682/2025 1. Ramchandr Kilka S/o Parta Ram, Aged About 54 Years, R/o Village Absar, Sujangarh, District Churu, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 10 Ga 4861 2. Sharvan Ram Rahar S/o Sangrama Ram, R/o Ward No. 02, Shree Krishna Colnoi, Jaswantgarh, Nagaur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 07 Gc 0143 3. Bhanwar Lal S/o Bhinwa Ram, R/o Prajapatiyo Ka Mohalla, Parihara Ftd, Spd Gov Sld, Ratangarh, District Churu, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 10 Ga 7244 Narayan Singh S/o Vijay Singh, R/o Ward No. 19, Sujangarh, District Churu, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 44 Ga 5600 5. Mukesh Kumar Kulhari S/o Chhotu Ram, R/o Ward No. 14, Parihara, Ratangarh, District Churu, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 07 Gc 4117 ----Petitioners Versus State Of Rajasthan, Transport Department Of [2025:RJ-JP:39072] (4 of 9) [CW-14513/2025] 2. 3. 4. Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary. Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary. Commissioner, Transport Department, Government Of Rajasthan, Jaipur. District Transport Officer, Dto Office Sujangarh, District Churu (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14352/2025 Om Prakash S/o Birbal Ram, Aged About 55 Years, R/o Chak 5 Ady, Ranjeetpura, Bikaner, Rajasthan. Registered Owner Of Vehicle Registration No. Rj 07 Ge 5085 ----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 Bikaner, District Bikaner (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 14827/2025 Ishwar Ram Bhambhu S/o Ram Chandra Bhambhu, Aged About 35 Years, R/o Ward No. 03, Choudhary Colony, Dantaur, District Bikaner, Rajasthan Resigtered Owner Of Vehicle Registration No. Rj 07 Ge 7577. ----Petitioner Versus [2025:RJ-JP:39072] (5 of 9) [CW-14513/2025] 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. Regional Transport Officer, Rto Office Bikaner, District Bikaner (Rajasthan). ----Respondents For Petitioner(s) : Ms. Jamasi, Adv. Mr. Kan Singh Rathore, Adv. Mr. Hari Shankar Jangid, Adv. Ms. Rajani Vyas, Adv. Mr. Ravindra Singh Shekhawat, Adv. For Respondent(s) : Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 23/09/2025 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 [2025:RJ-JP:39072] (6 of 9) [CW-14513/2025] 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 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 [2025:RJ-JP:39072] (7 of 9) [CW-14513/2025] 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 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. [2025:RJ-JP:39072] (8 of 9) [CW-14513/2025] 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 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 15.10.2025, 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 04.11.2025. 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. [2025:RJ-JP:39072] (9 of 9) [CW-14513/2025] 11. In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed. (SAMEER JAIN),J AARZOO ARORA /19