The Rajasthan High Court observed that the order of suspension of registration of the vehicles shall be passed only after physical verification of the vehicles, including weighing and measurements of such vehicles that too solely in the cases where overloading was found and established upon such verification.

A batch of Writ Petitions were filed against the order of District Transport Officer wherein the vehicles in question were found to be overloaded for commercial benefits and while treating such overloading to be in contravention of the provisions of law.

The Bench of Justice Anoop Kumar Dhand observed, “Before parting with this order, it is made clear that the order of suspension of registration of the vehicles shall be passed by the Transport Department, only after physical verification of the vehicles, including weighing and measurements of such vehicles that too solely in the cases where overloading is found and established upon such verification. The registration of vehicles should not be suspended based merely on the allegations of overloading on the basis of data or information received from the Department of Mines.”

Case Brief

A batch of Writ Petitions were filed seeking direction to revoke the suspension of registration certificate of the vehicles of the petitioners.

The Petitioners challenged the order of the District Transport Officer whereby the registration of the vehicles in question was suspended on the ground that the said vehicles were found to be continuously overloaded, beyond the statutory limits prescribed under the Motor Vehicles Act, 1988.

It was contended that prior to passing the order suspending the registration certificates of the petitioners’ vehicles, neither any notice nor any opportunity of hearing was afforded to the petitioners and straightaway the registration of the subject vehicles was suspended arbitrarily, without following the principles of natural justice.

However, the Respondents contended that, a vehicle owner/driver is not permitted to alter the structural capacity of a vehicle but in all these matters, the petitioners have modified the design of their vehicles and thereafter, they were plying these vehicles while overloading them, in utter violation of the provisions contained under Sections 52, 113 of the Act of 1988 and Rule 115 of the Rules of 1989.

Court’s Analysis

The Rajasthan High Court noted that as per Section 53 of the Act of 1988, the Registration of a vehicle can be suspended if a contravention of the provisions of the Act of 1988 was duly established and proved.

“However, in the instant case, the impugned orders have been passed merely on the basis of an assumption that the subject vehicles were found to be overloaded, relying solely on the report received from the Mining Department and without actually measuring the weight of the subject vehicles”, the Court ordered.

The Court was of the opinion that the State of Rajasthan failed to produce any material on record before arriving at the conclusion regarding overloading of the subject vehicles.

“In case, it is found that there has been an alteration in the make/design of the vehicles, it is the bounden duty of the transport authorities, prior to passing any suspension order, to direct the owner/driver of the vehicles to produce their vehicles for inspection”, the Court said.

The Court directed the petitioners to produce their vehicles before the Transport Department, who will examine and inspect the vehicles’ make and design and in case any mechanical alteration is found.

Accordingly, the Court disposed of all the Writ Petitions.

Cause Title: Kanwar Singh V. State of Rajasthan

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Justice Anoop Kumar Dhand

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.