IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 16708 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE M.R. SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- JEEVAN RAM VYAS S/O CHANDANMALVYAS Versus COMMISSIONER OF TRANSPORT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 16708 of 2004 MR KETAN D SHAH for Petitioner No. 1 MR MENGDEY, AGP for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.R. SHAH Date of decision: 28/12/2004 ORAL JUDGEMENT Rule. Shri Mengdey, Ld. AGP waives services of rule on behalf of the respondents. With the consent of the parties, the matter is taken up for final hearing today. 2. In this petition, the petitioner is the owner of Motor Vehicle No.HR-47-A-1197 registered with Rewari, Haryana under the Motor Vehicles Act, 1988 and this petitioner has challenged the action of the respondents in ignoring GVW mentioned in RC books for recovering overload charges and compounding fees. It is the contention on behalf of the petitioner that inspite of the fact that the load in the respective vehicle does not exceed the GVW mentioned in the RC book, the respondent authorities are compelling the petitioner to pay the overload charges and the compounding fees. It is also further submitted that the Government notification issued by the Joint Director of Transport, Gujarat State dated 9.8.2002 has been quashed and set aside by this Court vide judgment and order dated 25.10.2004 (Coram: K.S.Jhaveri, J) in SCA No. 1290 of 2003 and other cognate matters. Learned Advocates appearing on behalf of the petitioners has relied upon the judgment and order passed by the Learned Single Judge of this Court dated 25.10.2004 in SCA No. 1290 of 2003 and other cognate matters. 3. In response to the notice issued by this Court, Shri Mengdey, Learned AGP appears on behalf of the respondent. He is not in a position to dispute that the facts of the petitioners' cases are not covered by the judgment of the Learned Single Judge of this Court dated 25.10.2004 passed in SCA No. 1290 of 2003. Considering the aforesaid facts and circumstances and for the reasons stated in the judgment and order dated 25.10.2004 (Coram: K.S.Jhaveri, J) passed in SCA No. 1290 of 2003 and other cognate matters, the following order is passed:- O R D E R The petition is partly allowed. It is declared that if the aforesaid vehicle whose number is mentioned in Para 1 of this order is carrying gross laden weight as per the certificate of registration, the respondents shall not take any penal action in respect of the aforesaid vehicle. However, the prayer regarding refund of penalty or fine already paid by some of the petitioner is not granted. However, if the certificate is not issued in accordance with the provisions of the Act, it will be open for the respondents to take appropriate action after following the proper procedure as contemplated under the Act. Rule is made absolute to the aforesaid extent with no order as to costs. Direct Service is permitted. (M.R.Shah, J) jitu