Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 17050 (RAJ)

BHAGIRATH PRASAD SONI v. THE DTO SAWAI MADHOPUR

CW/207/2001 · 2026-02-09

Ganesh Ram Meena

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:5824] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 207/2001 Bhagirath Prasad Soni S/o Shri Bhagwanlal Soni, age near about 52 years, resident of Katra Bajar Sabalgarh, District Muraina (M.P.) through Gopal Singh S/o Bhagirath Prasad (Power of Attorney Holder) age near about 25 years, R/o Katra Bajar, Sabalgarh (M.P.). ----Petitioner Versus The District Transport Officer, Sawai Madhopur. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE GANESH RAM MEENA Order 09/02/2026 1. No one is present on behalf of the petitioner. The respondent-District Transport Officer, Sawai Madhopur also remain unrepresented. 2. The instant writ petition has been filed by the petitioner challenging the impugned assessment order dated 20.09.1993 passed by the District Transport Officer, Sawai Madhopur whereby, the recovery of Rs.27,971/- was ordered. 3. On perusal of the impugned order itself, it is revealed that the notices were issued to the vehicle owner but the same were returned unserved. 4. There is nothing on record to show that the respondent- authority again tried to serve notice to the petitioner before passing of the impugned order. [2026:RJ-JP:5824] (2 of 2) [CW-207/2001] 5. It is basic principle of law that whenever any order adverse to a person, passed by any authority, then that person should be liable an opportunity of hearing to show-cause. 6. On perusal of the impugned order, the Court is of opinion that in passing of the impugned order there is gross violation of principle of natural justice and thus, the order impugned deserves to be quashed and set aside. 7. Accordingly, the present writ petition is allowed and the impugned order dated 20.09.1993 passed by District Transport Officer, Sawai Madhopur is hereby quashed and set aside. 8. However, the respondent would be at liberty to pass fresh order of assessment after due service of notice upon the petitioner. 9. Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /251