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2026 DAILYLAW 16432 (RAJ)

NAINA ENTERPRISES v. STATE OF RAJASTHAN

CW/1579/2026 · 2026-01-27

Maneesh Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:3590] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1579/2026 1. Naina Enterprises, Through Proprietor Deepak Kumar Joshi S/o Babu Lal, Aged About 42 Years, R/o 90, Joshi Pada, Ward No. 7 Teh. Todabheem, Distt- Karouli, Rajasthan, Registered Owner Of vehicles Registration No. RJ 05 GB 5905 And RB 05 GB 5906. 2. Sahabudeen Khan S/o Pehlu, Aged About 46 Years, R/o, 54 Near Badi Masjid, Palla, (101), Vill Tapkan Teh. Nuh Mewat, Haryana, Registered Owner Of vehicles Registration No. HR 74 B 1814. ----petitionerss 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 (Rajasthan). 4. Regional Transport Officer, RTO Office Bharatpur, District Bharatpur (Rajasthan). 5. Regional Transport Officer, RTO Office Alwar, District Alwar (Rajasthan). 6. Regional Transport Officer, RTO Office Dausa, District Dausa (Rajasthan). ----Respondents For petitioners(s) : Mr. Sidharth Jain For Respondent(s) : Mr. Sachin Singh Rathore, AAAG for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE MANEESH SHARMA Order 27/01/2026 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 [2026:RJ-JP:3590] (2 of 3) [CW-1579/2026] 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, since there is serious dispute about the service of notice prior to suspension of registration certificate, as the petitioners deny the service, whereas the respondents claim due service of notice. Be that as it may, while keeping the said issue open, with the consent of the parties, the suspensions are set aside, as the said vehicles is the source of bread and butter for the petitioners and his family. 3. However, the aforementioned setting aside/revocation shall only be effective subject to the condition that the petitioners will produce his vehicles before the Transport Department, who will examine and inspect the vehicles's 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 vehicles to ply on the road for any other purpose. 5. The petitioners, along with his vehicles concerned, shall report to/ before the respective DTO who passed the order of suspension of registration of the subject vehicless, on 31.01.2026, 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. 1 S.B. C.W.P. No.9721/2025 2 S.B. C.W.P. No.20073/2025 [2026:RJ-JP:3590] (3 of 3) [CW-1579/2026] 6. Audience with respect to the same will be provided by the competent authority on 13.02.2026. 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. 8. Any other pending application(s), if any, also stand(s) disposed of. (MANEESH SHARMA),J DEEPA-91