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Judgment Summary — Gopal Krishan Vyas, J.

Factual and Procedural Background

The Learned Additional Advocate General placed on record two documents: communications dated 26.04.2018 and an advertisement issued by J.D.A. for construction of a road. The court expressly took those documents on record. The court considered the communication dated 26.04.2018 sent by the Additional Police Commissioner, Traffic, Jodhpur, which reported that drivers of four- and two-wheelers commonly use mobile phones while driving. The court observed that such use is not permissible under law and contributes to accidents. Consequently, the court issued directions to the State Government, the Additional Police Commissioner—Traffic, Jodhpur, and the concerned R.T.O. and Transport Department authorities to ensure prohibition of mobile-phone use by drivers and to initiate proceedings for cancellation of driving licences of offending drivers in accordance with law, after providing an opportunity of hearing. The matter was listed to be put up on 22.05.2018 with a compliance report to be produced before the Court.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's reasoning proceeded in the following steps, based on the material placed before it:

  1. The court formally received and recorded the documents placed before it by the Additional Advocate General (communications dated 26.04.2018 and an advertisement by J.D.A.).
  2. It considered the communication from the Additional Police Commissioner, Traffic, Jodhpur, which indicated that drivers of four- and two-wheelers frequently use mobile phones while driving.
  3. Relying on that communication, the court concluded that such use of mobile phones by drivers is impermissible under the law and that it contributes to road accidents.
  4. On that basis, the court directed executive authorities to take specific enforcement steps: ensure drivers do not use mobile phones while driving; where drivers are found using mobile phones, obtain photographs and other credentials of such drivers and forward those particulars to the concerned R.T.O. for initiation of licence-cancellation proceedings.
  5. The court emphasized that the concerned R.T.O. and Transport Department authorities must initiate proceedings for cancellation of driving licences "strictly in accordance with law" and after providing the erring persons an opportunity of hearing.
  6. Finally, the court required a compliance report to be produced before it and listed the matter for further consideration on 22.05.2018.

Holding and Implications

Holding: Directs enforcement of the prohibition on mobile-phone use by vehicle drivers and requires initiation of licence-cancellation proceedings, in accordance with law and after providing opportunity of hearing.

Implications and immediate effects:

  • The State Government and the Additional Police Commissioner—Traffic, Jodhpur, are directed to ensure that no vehicle driver uses a mobile phone while driving.
  • If drivers are found using mobile phones, their photographs and other credentials are to be obtained and forwarded to the concerned R.T.O.
  • The concerned R.T.O. and Transport Department authorities must initiate proceedings for cancellation of the driving licence of the erring person strictly in accordance with law and after providing an opportunity of hearing, and may cancel the licence following those proceedings.
  • The court ordered production of a compliance report and listed the matter for further consideration on 22.05.2018.

The opinion does not discuss or state any broader legal precedent beyond these directed enforcement steps; its effect is to mandate administrative enforcement measures and to require compliance reporting to the Court.

    Mahendra Lodha v. C.S. Rajan & Ors.

    Gopal Krishan Vyas, J.:— Learned Addl. Advocate General has submitted before us two documents viz. communications dated 26.04.2018 so also advertisement issued by J.D.A. for construction of road. The said documents are taken on record.

    2. After considering the communication dated 26.04.2018 sent by the Addl. Police Commissioner, Traffic, Commissionerate, Jodhpur, we are of the opinion that the drivers of four and two wheelers are usually using mobile while plying the vehicles, which is not permissible under the law. More so, due to said act of vehicle drivers, number of accidents takes place.

    3. In view of above, the State Government as well as Addl. Police Commissioner-Traffic, Jodhpur are directed to ensure that no vehicle driver shall use mobile phone while driving the vehicles and if it is found that vehicles drivers are using mobile while plying the vehicles, then after obtaining their photographs and other credentials of such vehicles drivers, the same may be forwarded to the concerned R.T.O. for cancellation of driving licence of such erring person. The concerned R.T.O. and authorities of the Transport Department are directed to initiate proceeding for cancellation of driving licence strictly in accordance with law and after providing opportunity of hearing, cancel the driving licence.

    4. Put up on 22.05.2018 and compliance report of this order shall be produced before this Court for perusal.

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    Comments

    Mahendra Lodha v. C.S. Rajan & Ors.
    (Apr 27, 2018)