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2026 DAILYLAW 15181 (RAJ)

KAMLESH KUMAR S/O JHABAR MAL v. STATE OF RAJASTHAN

CW/304/2026 · 2026-01-09

Maneesh Sharma

body2026

Judgment text

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[2026:RJ-JP:838] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 304/2026 1. Kamlesh Kumar S/o Jhabar Mal, Aged About 45 Years, R/o Jalalsar Sikar, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ18GA7815. 2. Dhanpat Singh S/o Gopal Singh, R/o Ward No 06 Dungras Athoona Gopalpura Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ07GA8067. 3. Shiv Singh Bhati S/o Man Singh, R/o Jangloo Nokha Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ07GB9503. 4. Ghisa Ram Saran S/o Kesha Ram Saran, R/o Bhojarasar Aspalsar Bara Teh Sardarshar Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ31GA8616. 5. Nabab Khan S/o Fheju Khan, R/o Vpo Shimla Teh Sardarshahar Churu, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ10GC7075. 6. Yogesh Kumar S/o Bajrang Lal, R/o Gudawari House Opp Jat Hostel Tilak Nagar Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ07GC3505. 7. Shyam Lal Bishnoi S/o Lekh Ram, R/o Gali No 04 Jambeshwar Mandir Ke Pass Lalgarh Dist Bikaner, (Rajasthan). Registered Owner Of Vehicle Registration No. RJ07GC1530. ----Petitioners Versus 1. State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary. 2. Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary. 3. Commissioner, Transport Department, Government Of Rajasthan, Jaipur. 4. Regional Transport Officer, RTO Office Sikar, District Sikar. (Rajasthan). 5. District Transport Officer, DTO Office Jhunjhunu, District Jhunjhunu. (Rajasthan). [2026:RJ-JP:838] (2 of 3) [CW-304/2026] 6. District Transport Officer, DTO Office Sujangarh, District Churu. (Rajasthan). 7. Regional Transport Officer, RTO Office Bikaner, District Bikaner. (Rajasthan). 8. District Transport Officer, DTO Office Deedwana, District Deedwana. (Rajasthan). ----Respondents For Petitioner(s) : Mr. Surjeet Singh For Respondent(s) : Mr. Sachin Singh Rathore on behalf of Mr. S. S. Naruka, AAG HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/01/2026 1. Learned counsel for both the parties are in agreement that the controversy involved in the present matter is squarely covered by the judgments passed by the Co-ordinate Benches of this Court in the matters of Kanwar Singh & Ors. Vs. State of Rajasthan & Ors.1 and Mustak & Ors. Vs. State of Rajasthan & Ors.2 2. In view of the consensus arrived at between the parties, the impugned order, whereby the Registration Certificates of the vehicles owned/ possessed by the petitioners were suspended, needs to be set aside, for the reasons that the petitioners were not afforded the opportunity of hearing and that the said vehicles are the source of bread and butter of the petitioners and their family. 3. However, the aforementioned revocation shall only be effective subject to the condition that the petitioners will produce their vehicle before the Transport Department, who will examine 1 S.B. C.W.P. No.9721/2025 2 S.B. C.W.P. No.20073/2025 [2026:RJ-JP:838] (3 of 3) [CW-304/2026] and inspect the vehicles’ make and design; and in case any mechanical alteration or overloading is found, a detailed inventory shall be prepared and appropriate orders shall be passed strictly in accordance with law. 4. This arrangement shall be valid only for carrying the vehicles to the respective office of DTO for the aforesaid verification/inspection and shall not authorize the vehicle to ply on the road for any other purpose. 5. The petitioners, along with their vehicles concerned, shall report to/ before the respective DTO who passed the order of suspension of registration of the subject vehicles, on 27.01.2026, preferably between 11:00 A.M. to 01:00 P.M. Thereafter, due reply shall be filed within a period of 15 days by the petitioners. 6. Audience with respect to the same will be provided by the competent authority on 11.02.2026. Adjudication of the same shall be carried out thereafter within a period of 15 days. 7. With the aforesaid observations and directions, the present writ petition stands disposed of. Stay applications and all pending applications, if any, also stand disposed of. (MANEESH SHARMA),J Seema/76