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2026 DAILYLAW 1685 (RAJ)

NIYAZ MOHD S/O SHRI KHURSHID v. STATE OF RAJASTHAN

CW/5486/2026 · 2026-03-27

Ganesh Ram Meena

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:12910] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5486/2026 1. Niyaz Mohd S/o Shri Khurshid, Aged About 29 Years, R/o Village Khori, Jamalpur, Dhoj(17), Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Ae-3309. 2. Mubin S/o Shri Mangal Khna, R/o Norngpur, Manesar, Gurgaon, (Haryana), Owner Of Truck Beaing No. Hr- 55An-2756. 3. Sher Mohammad Trading Company, Through Its Proprietor Shri Sher Mohammad S/o Shri Yusuf Registered Office At 03, Near Balaji Pump, Nuh, Mewat, (Haryana), Owner Of Truck Bearing Number Hr-74B- 8145, Hr-74B-9408. 4. Rasid S/o Shri Basir, R/o Bijopur(35), Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38X-0141. 5. Shri Ganesh Building Meterial, Through Its Proprietor Smt Ganeshi Devi W/o Shri Sant Ram Meena, Registered Office At 13, Dumera, Khasar No.160/966, Mia, Alwar, Owner Of Truck Bearing Number Rj-40Ga-4823. 6. Kurshid S/o Shri Aamin Khan, R/o Village Bajhot, Tehsil Kishangarh Bas, Po Ismailpur, Alwar, Owner Of Truck Bearing Number Hr-74B-8609. 7. Kishan Kumar S/o Shri Banwari Lal, R/o 57/8, Kailash Nagar, Ward No.2, Narnaul, (Haryana), Owner Of Truck Bearing Number Rj-05Gb-3869. 8. M/s T And P Aggregates Associate, Through Its Proprietor Shri Darpan S/o Shri Tejpal, Registered Office At Village Biwan, Tehsil Firozpur Jhirka, Nuh Mewat, (Haryana), Owner Of Truck Bearing Number Hr-74B-9144, Hr-74B- 2501. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Joint Secretary, Mines And Geology Department, Secretrait, Jaipur, Rajasthan, 3. Regional Transport Officer, Bharatpur. [2026:RJ-JP:12910] (2 of 4) [CW-5486/2026] 4. Regional Transport Officer, Alwar. 5. District Transport Officer, Kotputali, District Kotputali Behror. 6. Regional Transport Officer, Sikar. 7. Regional Transport Officer, Jaipur First. 8. Regional Transport Officer, Jaipur-II. 9. Regional Transport Officer, Ajmer. 10. District Transport Officer, Kekari. 11. District Transport Officer, Beawar District Ajmer. 12. District Transport Officer, Jhunjhunu. ----Respondents For Petitioner(s) : Ms. Priyanka Paliwal, Ms. Morvi Sharma Mr. Jaswant Sharma on behalf of Mr. R.R. Goyal For Respondent(s) : Mr. Sachin Singh Rathore, AAAG on behalf of Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/03/2026 1. The learned counsel for the petitioners submits that the controversy involved in the present writ petition, has already been decided by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.17894/2025 (Tofik Ahmed & Ors. Vs. State of Rajasthan & Ors.) decided on 20.11.2025. 2. The learned counsel appearing for the respondent-State agrees and submits that the present writ petition may also be decided in the light of the directions passed in case of Tofik Ahmed & Ors. (supra). [2026:RJ-JP:12910] (3 of 4) [CW-5486/2026] 3. Operative parts of the order dated 20.11.2025, passed by the Co-ordinate Bench of this Court in case of Tofik Ahmed & Ors. (supra), are as follows :- “6. Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record in the petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the petition, is of a view that the impugned order, whereby the Registration Certificates of the vehicles owned / possessed by the petitioners are suspended, needs to be set aside, for the reasons that the said vehicles are the source of bread and butter of the petitioners and their families. However, the aforementioned revocation shall only be effective subject to a condition that the petitioners along with their counsel concerned shall report to / before the notice issuing authorities, on 05.12.2025, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days. 7. Audience with respect to the same will be provided by competent authority on 20.12.2025. Adjudication of the same be carried out thereafter within a period of 15 days. 8. It is made clear that during the period of consideration of grievances, the RCs of the vehicles owned/ possessed by the petitioners, which are suspended, shall be revoked and the status of the vehicle in furtherance to the consequential proceedings as registered and entered upon the official portal concerned, shall be updated, without further ado. 9. It is made clear that no prejudice will be caused to either side on account of passing of the present order. 10. In the light of the same, the present writ petition stands disposed of with the aforementioned directions being granted. Pending applications, if any, stand disposed of.” [2026:RJ-JP:12910] (4 of 4) [CW-5486/2026] 4. Accordingly, in view of the directions given in case of Tofik Ahmed & Ors. (supra), the present writ petition also stands disposed off as under:- (i) The impugned order whereby, the Registration Certificate of the vehicles owned/possessed by the petitioners were suspended, is set aside for the reason that the said vehicles are the source of bread and butter of the petitioners and their family. The aforesaid revocation shall only be effective subject to a condition that the petitioners along with their counsel concerned shall report to/before the Notice Issuing Authority on 10.04.2026 preferably in between 11:00 AM to 01:00 PM and shall submit their explanation. (ii) Audience with respect to the same will be provided by competent authority and adjudication of the same be carried out thereafter within a period of 15 days’. 5. Stay application as well as pending application, if any, also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /26