[2025:RJ-JP:42749] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16076/2025 1. Arjun Lal Swami S/o Gyandas Swami, Aged About 29 Years, R/ o Ward No. 03 Avinashi Sanwalpura, Tanwaran Sikar Raj. Owner Of Truck No.rj.23.gb.1872. 2. Jagdish Choudhary S/o Jodha Ram Choudhary, Aged About 50 Years, R/o Charanwas Tulika, Roopgarh Teh, Cantaramgarh, Sikar Raj. Owner Of Truck No. Rj.23.gb.3362. 3. Birbal Yadav S/o Amilal Yadav, Aged About 47 Years, R/o 459 Pratap Nagar Vistar Murli Pura Scheme Jaipur Raj. Owner Of Truck No. Rj.14.GG 2027. 4. Ramveer Singh Gurjar S/o Dhanshi Ram, Aged About 27 Years, R/o Keshwana Rajput Jaipur Raj. Owner Of Truck No.RJ..32.GC.4039. 5. Kanheya Lal Yadav S/o Jagdish Prasad, Aged About 29 Years, R/o Ward No.01 Ajmeri Teh, Shrimadhopur Sikar Raj. Owner Of Truck No. Rj.23.ga.9754. 6. Amar Singh S/o Ladu, Aged About 66 Years, R/o Vill-Ruparel Kharwa, Masuda, Ajmer Raj Owner Of Truck No. Rj.06.GC.1180. ----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, Beawar. 6. Regional Transport Office, Jhunjhunu. 7. Regional Transport Office, Kekri. 8. Regional Transport Office, Ajmer. ----Respondents Connected with S.B. Civil Writ Petition No. 16035/2025 1. Sunita W/o Shri Girraj Prasad Meena, Aged About 33 Years, R/o Bada Ki Dhani, Sankotara, Tehsil And District Jaipur. Owner Of Truck Bearing No. Rj-32Gc-2681 2. Sumit Kumar Meena S/o Shri Ramjilal Meena, Aged About 28 Years, R/o Dhani Barkada, Sankotara, Tehsil And District Jaipur. Owner Of Truck Bearing No. RJ-41-Ga-1813 ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Arto, Jagatpura, Jaipur. 3. Regional Transport Officer, Dausa. ----Respondents [2025:RJ-JP:42749] (2 of 10) [CW-16076/2025] S.B. Civil Writ Petition No. 16049/2025 1. Ram Pratap Beniwal S/o Gopal Singh, Aged About 45 Years, R/o Luhara Sujangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ44GA1128. 2. Birbal Singh S/o Sohan Ram, R/o Athuna Bass Charanwasi Ratangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ10Ga3319 And RJ37Ga1455 And RJ13Gb0082. 3. Hari Singh S/o Arjun Ram, R/o Harasar Sujangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ10Ga4870. 4. Ram Narayan S/o Arjun Ram, R/o Harasar Sujangarh Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ10Ga3650. 5. M/s Gouri Construction Company, Registered Address Golsar Parihara Ratangarh Churu, (Rajasthan) Through Proprietor Mohd Yakub Gouri S/o Salim Mohd Gouri R/o Golsar Parihara Ratangarh Churu, (Rajasthan) Owner Of Vehicles Registration No. RJ44GA3777 And RJ44GA3177. 6. M/s Maa Jagdamba Earth Movers, Registered Address Ward No 04 Singal Bass Sujangarh Churu, (Rajasthan) Through Proprietor Pritvi Singh Beniwal S/o Vidya Dhar Beniwal R/o Luhara Sujangarh Churu, (Rajasthan) Owner Of Vehicles Registration No. Rj07Gd2367 And Rj44Ga0114. 7. M/s Sarswati Construction Company, Registered Address Ward No 23 House No 13 Shiva Ka Basti Nokha Road Gangashahar Bikaner, (Rajasthan) Through Proprietor Ashok Kumawat S/o Bhanwar Lal Kumawat R/o Shiv Basti Nokha Road Gangashahar Bikaner, (Rajasthan) Owner Of Vehicles Registration No. RJ07Gd8366 And RJ07Gc8934. ----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, RTO Office Jhunjhunu, District Jhunjhunu. (Rajasthan). 6. District Transport Officer, RTO Office Sujangarh, District Churu. (Rajasthan). 7. District Transport Officer, RTO Office Didwana, District Nagaur. (Rajasthan). 8. District Transport Officer, RTO Office Nagaur, District Nagaur. (Rajasthan). 9. Regional Transport Officer, RTO Office Bikaner, District [2025:RJ-JP:42749] (3 of 10) [CW-16076/2025] Bikaner. (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 16059/2025 1. Aktar Khan Son Of Shri Subhan, Aged About 38 Years, Resident Of Desoola Khod, Desoola, Alwar (Rajasthan), Registered Owner Of Vehicle Registration No. Rj 02 Gb 6794 2. Rahul Son Of Shri Umarddin, Aged About 31 Years, Resident Of House No.1321, Pal Mohalla, Dhoj, Ward No.17, Faridabad, Haryana, Registered Owner Of Vehicles Registration No. HR 38 Z 4023 ----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 Alwar, District Alwar. 5. Regional Transport Officer, RTO Office Bharatpur, District Bharatpur. 6. Regional Transport Officer, RTO Office Sikar, District Sikar. 7. Regional Transport Officer, RTO Office Jaipur First, District Jaipur. 8. District Transport Officer, DTO Office Kotputli, District Kotputli-Behror. ----Respondents S.B. Civil Writ Petition No. 16065/2025 1. Sahun Khan S/o Umardeen, Aged About 40 Years, R/o T/a Jaswant Nagar, Bharatpur P/a Uparala Bajar, Ramgarh Alwar Raj.owner Of Truck No. Rj-.05.gb.4929. 2. Safi Mohammad S/o Rahima, Aged About 58 Years, R/o 22 Bagato Ka Badiya Gopal Sagar Kharwa Masuda Ajmer Raj.owner Of Truck No. RJ.14.GG.3695. 3. Talim S/o Israil, Aged About 28 Years, R/o Neemli Teh- Tijara Alwar Raj. Owner Of Truck No. RJ.40.GA.6450. 4. Sanwariya Mines And Minerals, Through Prop. Madan Singh Rawat S/o Biram Aged About 54 Year R/o Bus Stand Piplaz Nh 8 Beawar Ajmer. Owner Of Truck No. RJ.36.GB.8321. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Office, Beawar. 3. Regional Transport Officer, Kekri [2025:RJ-JP:42749] (4 of 10) [CW-16076/2025] 4. District Transport Officer, Rajsamand. 5. Regional Transport Office, Ajmer. ----Respondents S.B. Civil Writ Petition No. 16066/2025 1. Akram S/o Umar Mohd, Aged About 35 Years, R/o Jawed Colony, Ward No. 08, Sohna, Gurgaon,hr. Owner Of Truck No.HR.55.an.9808. 2. Sara Enterprises, Through Prop. Akram S/o Umar Mohd Aged About 35 Year R/o Opp. Bsssnl Exchange, Javed Colony Ward No. 12, Sohna, Gurgaon HR. Owner Of Truck No. Hr.55.at.3562. 3. Mubin Khan S/o Kamal Khan, Aged About 39 Years, R/o 63 Near Govt School, Nangla Ahsanpur Khatela Sarai, Palwal Hr. Owner Of Truck No. Hr.73.b.3835. 4. Sanwariya Mines And Minerals, Through Prop. Madan Singh Rawat S/o Biram Aged About 54 Year R/o Bus Stand Piplaz Nh8 Beawar Ajmer Raj. Owner Of Truck No. Rj.36.ga.6479. 5. Sahid S/o Rasid, Aged About 37 Years, R/o Vill- Ghatmeeka Teh- Pahari Bharatpur Raj. Owner Of Truck No.RJ.05.gb.7626. 6. Imran S/o Soudan, Aged About 36 Years, R/o 21, Bijasana, Teh- Pahadi Bharatpur Raj. Owner Of Truck No.HR.74.A.2223. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Office, Kekri. 3. Regional Transport Officer, Beawar. 4. District Transport Officer, Kotputali District Jaipur. 5. Regional Transport Office, Bharatpur. 6. Regional Transport Office, Alwar. 7. Regional Transport Office, Rajsamand. 8. Regional Transport Office, Sikar. ----Respondents S.B. Civil Writ Petition No. 16067/2025 1. Ershad Khan S/o Rasid, Aged About 31 Years, R/o H.No. 139, Nibaheri, Tehsil Tijara, District Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. RJ 40 Ga 2381 2. Sakil S/o Rasid, R/o 216, Basaiyaa Ki Dhani, Guwalda, Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 GA 2216. ----Petitioners Versus [2025:RJ-JP:42749] (5 of 10) [CW-16076/2025] 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 Alwar, District Alwar. 5. Regional Transport Officer, Rto Office Bharatpur, District Bharatpur. 6. Regional Transport Officer, RTO Office Sikar, District Sikar. 7. Regional Transport Officer, RTO Office Jaipur First, District Jaipur. 8. District Transport Officer, RTO Office Kotputli, District Kotputli-Behror. 9. District Transport Officer, RTO Office Dausa, District Dausa ----Respondents S.B. Civil Writ Petition No. 16069/2025 1. Istak S/o Idu, Aged About 40 Years, R/o Jaswantpura, Kharwa, Masuda, Ajmer. Owner Of Truck No. Rj.18.GB.0115. 2. Shabuddin S/o Kamma, Aged About 52 Years, R/o Jaswantpura, Kharwa, Masuda Ajmer. Owner Of Truck No. Rj.01.GC.9124. 3. Shabuddin S/o Kamma, Aged About 52 Years, R/o Maliyon Ki Dhani, Jaswantpura Kharwa, Masuda Ajmer. Owner Of Truck No. Rj.36.GA.5328. 4. Azad S/o Sohrab, Aged About 39 Years, R/o Nangla Ahsanpur Khatela, Sara Khatela Sarai Palwal, Haryana. Owner Of Truck No.HR.73.B.1177. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Office, Ajmer. 3. Regional Transport Officer, Beawar 4. District Transport Officer, Kekri. 5. Regional Transport Office, Rajsamand. ----Respondents S.B. Civil Writ Petition No. 16074/2025 1. Kuldeep Singh Rathore S/o Mahendra Singh Rathore, Aged About 23 Years, R/o Behind Veshno Dham Mandir, Udasar, Bikaner- 334001 (Rajasthan) Registered Owner Of Vehicle Registration No. RJ07GD4613. 2. Pradeep Singh Rathore S/o Mahendra Singh Rathore, Aged About 24 Years, R/o Ward No. 44, Shree Ratan Singh, [2025:RJ-JP:42749] (6 of 10) [CW-16076/2025] Bikaner- 334001 (Raj). Registered Owner Of Vehicle Registration No. Rj-07Gd7404. 3. Mahendra Singh Rathod S/o Ratan Singh, Aged About 46 Years, R/o Behind Veshno Dham Mandir, Udasar, Biakner- 334001 (Rajasthan). Registered Owner Of Vehicle Registration No. RJ-07GD7532. ----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 Bikaner, District Bikaner (Rajasthan) 5. District Transport Officer, RTO Office Bikaner, District Bikaner (Rajasthan) ----Respondents S.B. Civil Writ Petition No. 16077/2025 1. Rocky S/o Ravindr, Aged About 37 Years, R/o 801Gaongothara, Mohabtabad Pali 13 Faridabad HR. Owner Of Truck No.HR.38.ah.3873. 2. Jaan Mohd S/o Aamin, Aged About 40 Years, R/o Vill- Rewasan 168 Tehsil Nuh Mewat Hr. Owner Of Truck No. HR.74.b.4037. 3. Hakim Khan S/o Sahabuddin, Aged About 45 Years, R/o Village Dhauj, 17 Faridabad HR. Owner Of Truck No. HR.38.AF.0158. 4. T.k Traders Prop.tufal, Through Prop Sattar Khan S/o Ilyas Khan Aged About 45 Year R/o Nangla, Ahsanpur Road, Khatela, Sarai Palwal Hr. Owner Of Truck No. HR.73.b.2935. 5. Atc Traders, Through Prop Mubin Khan S/o Kamal Khan Aged About 39 Year R/o Ward No.8, Near Nirankari Collage Sohna Gurgaon HR. Owner Of Truck No. HR.55.am.0051. 6. Manoj S/o Charan Singh, Aged About 33 Years, R/o B-38 Bhati Kala Badi Bhati Fatehpur Beri South Delhi-74 T/add Village Bhajnsrawali Faridabad Hr. Owner Of Truck No. HR.38.U.9130. 7. Saddam Hussain S/o Rehman, Aged About 33 Years, R/o 144, Jaswantpura Masuda Ajmer Raj. Owner Of Truck No. RJ.36.GA.3397. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Office, Sikar. [2025:RJ-JP:42749] (7 of 10) [CW-16076/2025] 3. Regional Transport Officer, Alwar. 4. District Transport Officer, Kotputali District Jaipur. 5. Regional Transport Office, Bharatpur. 6. Regional Transport Office, Beawar. 7. Regional Transport Office, Kekri. 8. Regional Transport Office, Ajmer. ----Respondents For Petitioner(s) : Ms. Jamasi Mr. Surjeet Singh Mr. Aatish Jain Mr. Pradhuman Singh Mr. Nagendra Sharma for Mr. Sunil Kumar For Respondent(s) : Mr. Sachin Singh Rathore, AAAG for Mr. S. S.Naruka, AAG HON'BLE MR. JUSTICE SANJEET PUROHIT Order 17/10/2025 1. Since issue involved in the present batch of writ petitions is similar in nature, hence with consent of learned counsel for the respective parties, all these writ petitions are taken up together and decided by this common order. 2. Learned counsels for the petitioners have submitted that these petitions 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 statute. It is further submitted that the said action of the respondents violates not only the procedural requirements of the governing statute, such as issuing notices, providing adequate opportunity for hearing, or ensuring proper service of notices, but also [2025:RJ-JP:42749] (8 of 10) [CW-16076/2025] 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 counsels have relied upon the provisions of Sections 53, 113, 114, 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 the 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 to 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 SB CWP No.9721/2025 titled as Kanwar Singh and Ors. Vs. State of Rajasthan and Ors. 5. Per contra, Mr. Sachin Singh Rathore, Advocate appears on behalf of learned Additional Advocate General, Mr. S.S. Naruka has submitted that as per the software and information provided by the Mining Department and 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. [2025:RJ-JP:42749] (9 of 10) [CW-16076/2025] 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 petition 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 instant petition 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 petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the petition, is of a view that the impugned order, 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. However, 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 05.11.2025, preferably in- between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days. [2025:RJ-JP:42749] (10 of 10) [CW-16076/2025] 8. Audience with respect to the same will be provided by competent authority on 20.11.2025. 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. 11. In the light of the same, all these petition are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed. 12. A copy of this order be placed in connected files. (SANJEET PUROHIT),J TN/ 4,59,61,67,68,69,70,71,72,73