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2025 DAILYLAW 8006 (RAJ)

MUNNA KHAN S/O SHAHTUT MIYAN v. UNION OF INDIA

CW/2867/2025 · 2025-03-27

Inderjeet Singh, Pramil Kumar Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 2867/2025 Munna Khan S/o Shahtut Miyan, Aged About 41 Years, R/o Hospital Road, Peeplu, Dist. Tonk, Rajasthan. (Registered Owner Of Vehicle No. Rj14Ua1520) ----Petitioner 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, Praivahan Bhawan, Sahkar Marg, Jaipur. 3. Commissioner Of Transports, Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur. 4. District Transport Officer, Jaipur, District Jaipur. ----Respondents For Petitioner(s) : Mr. Pradeep Bochaliya For Respondent(s) : Mr. Devesh Yadav HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 27/03/2025 We find that even though this Court, vide judgment dated 19.12.2024 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 Rules 1989, as amended vide notification dated 04.10.2021, as ultra- vires Section 64 (o) read with Section 211 of the Motor Vehicles (2 of 2) [CW-2867/2025] 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 sunita/60