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2026 DAILYLAW 1436 (JK)

RAHIL ASLAM v. UT OF J AND K TH COMMISSIONER SECRETARY TRANSPORT DEPARTMENT AND ANOTHER

WP(C)/1735/2026 · 2026-06-05

Moksha Khajuria Kazmi

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH Sr. No. 167 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1735/2026 Date of pronouncement: 05.06.2026 Uploaded on: 06.06.2026 Rahil Aslam S/o Mohd. Aslam R/o H.No 33 W.No. 11, LIC Lane, Udhampur / Proprietor, Rahiba Fuel Hub, Kothar, Tehsil Dansal, District Jammu. …. Petitioner(s)/Appellant(s) Through:- Mr. Shayan Chauhan, Advocate V/s 1. Union Territory of Jammu and Kashmir through Commissioner/ Secretary, Transport Department, Civil Secretariat, Jammu/Srinagar. 2. Regional Transport Officer, Jammu. …..Respondent(s) Through:- Mr. Dewakar Sharma, Dy. AG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (ORAL) 1. By this petition, petitioner herein is seeking a direction upon the respondents to perform their statutory duty by rectifying the unladen weight recorded in the registration certificate of vehicle/tanker bearing registration No. JK02DU-6889. 2. It is stated that the petitioner is a registered owner of the Petrol tanker bearing registration No. JK02DU-6889. On 11.04.2026, the vehicle was weighted at Janta Weigh Bridge, Opposite Radisson Blu, Narwal Bye- pass, Jammu where the unldaden weight was recorded as 6810 Kilograms. As such, the vehicle was registered on 16.04.2026. Subsequently, the petitioner approach the competent authorities for HIGH COURT OF JAMMU & KASHMIR AND LADAKH WP (C) No.1735/2026 obtaining license from the Petroleum and Explosives Safety Organization (PESO). The vehicle was inspected on 04.05.2026 by acompetent person recognized by the Chief Controller of Explosives, Nagpur, who certified the unladen weight of the vehicle as 6410 Kgs. However, Deputy Controller of Explosives, Chandigarh issued a discrepancy dated 14.05.2026, pointing out that the weight reflected in the registration certificate was significantly higher than the weight indicated by the Chief Controller of Explosives (CCE) and directed rectification tehreof. It is further stated that to remove any doubt regarding actual weight, petitioner again got the vehicle weighted on 20.05.2026 at Baba Fully Computerized Weighbridge, IID Centre, Battal Ballian, Udhampur, where the unladen weight was again recorded as 6410 kilograms. 3. Learned counsel for the petitioner states that he has filed representation before respondent No. 2 on 25.05.2026, seeking verification and rectification of the unladen weight recorded in the registration certificate of the vehicle. However, till date no action has been taken by respondent No. 2. 4. He further states that the petitioner would be satisfied, if this petition is disposed of, at this stage, with a direction to respondent No. 2 to consider the representation of the petitioner preferred by him on 25.05.2026, within a reasonable period of time. 5. Learned counsel for the respondents is not averse to the proposition made by the learned counsel for the petitioner. HIGH COURT OF JAMMU & KASHMIR AND LADAKH WP (C) No.1735/2026 6. Be that as it may, the instant petition is disposed of with a direction to respondent No. 2 to consider the representation of the petitioner dated 25.05.2026, within a period of two weeks from the date of passing this order, strictly in accordance with law. (MOKSHA KHAJURIA KAZMI) JUDGE JAMMU 05.06.2026 Asif Tantray Whether the order is speaking: Yes Whether the order is reportable: No