[2025:RJ-JP:46291] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17637/2025 1. Shree Avinashi Mines And Minerals, Through Partner Ramji Lal Swami S/o Shri Surja Das Swami, Aged About 44 Years, R/o. Goutam Nagar, Rampura, Shahpura, Jaipur, (Raj.) Owner Of Vehicle Registration No. Rj52Gb5046. 2. Shree Shyam Minerals And Grinding, Through Partner Sheesh Ram Jat S/o Shri Banwari Lal, R/o Dhani New Khoti, Dewan, Shahpura, Jaipur, (Raj) Owner Of Vehicle Registration No. Rj52Gb8859. ----Petitioners Versus 1. State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary. 2. Department Of Mining And Geology, Government Of Ra- jasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary. 3. Commissioner, Transport Department, Government Of Ra- jasthan, Jaipur,rajasthan. 4. District Transport Officer, Dto Office, Kotputli, District Kot- putli-Behror, Rajasthan. 5. Regional Transport Officer, Rto Office, Sikar, District Sikar, Rajasthan. 6. Regional Transport Officer, Rto Office Jaipur First , District Jaipur, Rajasthan. 7. District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu, Rajasthan. 8. District Transport Officer, Dto Office, Shahpura, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Surjeet Singh For Respondent(s) : Mr. Tanishk Aditya Parmar, Mr. Sachin Singh Rathore & Mr. Anshuman Singh for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SANJEET PUROHIT Order 17/11/2025 1. Both the parties are ad idem that the present writ petition can be disposed of in the same terms of the order dated [2025:RJ-JP:46291] (2 of 4) [CW-17637/2025] 07.11.2025 passed by Co-ordinate Bench of this Court in the case of Ramdayal & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.16989/2025) which reads as under:- "1.Learned counsel for the petitioners has submitted that the instant petition filed under the provisions of Article 226 of the Constitution of India to seek redres- sal 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 proce- dural requirements of the governing statute, such as is- suing notices, providing adequate opportunity for hear- ing, 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 verifi- cation. 2.Learned counsel has 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, 1897qua mandatory effective service. It is submitted that if notices or orders are not served at the correct and complete addresses, the ser- vice is deemed to be defective and incomplete. Addi- tionally, 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 pro- cedural mandates were adhered to by the respondents herein. 3.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 Kan- war Singh and Ors. Vs. State of Rajasthan and Ors. 4.Per contra, Mr. Sachin Singh Rathore, learned AAAG appears on behalf of Mr. S.S. Naruka, learned Addi- tional Advocate General has submitted that as per the software and information provided by the Mining De- partment and other relevant departments, details re- [2025:RJ-JP:46291] (3 of 4) [CW-17637/2025] garding gross weight and related credentials are taken; based on which the issuance of E-Ravanna and require- ments 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 pre- scribed upper limit, appropriate proceedings are initi- ated. 5.It is further submitted that the principles of natural justice are duly complied with in-toto, including the is- suance of show cause notices, provisions of a reason- able notice period, and opportunities for hearing or grant of audience. Regarding service of notices, it is emphasized that the addresses provided in the regis- tration 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 peti- tioners have an efficacious alternative remedy as avail- able 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 adjudi- cate the same. Accordingly, it is prayed that instant pe- tition should be dismissed at the threshold, due to the availability of an alternative efficacious remedy and the statutory conditions being complied with. 6.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 peti- tion, is of a view that the impugned order, whereby the Registration Certificates of the vehicles owned/pos- sessed 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 peti- tioners along with their counsel concerned shall report to/before the notice issuing authorities, on 18.11.2025, preferably in-between 11:00 am to 01:00 pm. There- after, due reply be filed within a period of 15 days. 7.Audience with respect to the same will be provided by competent authority on 04.12.2025. Adjudication of the same be carried out thereafter within a period of 15 days. 8.It is made clear that during the period of considera- tion of grievances, the RCs of the vehicles owned/pos- sessed by the petitioners, which are suspended, shall be revoked and the status of the vehicle in furtherance to the consequential proceedings as registered and en- [2025:RJ-JP:46291] (4 of 4) [CW-17637/2025] tered upon the official portal concerned, shall be up- dated, without further ado. 9.It is made clear that no prejudice will be caused to either side on account of passing of the present order. 10.In the light of the same, the petition is disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed." 2. In view of the directions contained in the order dated 07.11.2025, petitioner/along with his counsel shall report to/ be- fore the notice issuing authority on 02.12.2025 preferably in between 11:00 A.M. - 1:00 P.M. Audience with respect to the same will be provided by the Competent Authority on 07.12.2025. rest of the directions contained in the order dated 07.11.2025 shall apply mutatis mutandis in the instant writ petition. 3. With the aforesaid directions, present writ petition is dis- posed of. 4. Stay application as well as all pending application(s), if any, also stand disposed of. (SANJEET PUROHIT),J RIYA/55