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2026 DAILYLAW 4388 (RAJ)

RAO LOGISTICS v. STATE OF RAJASTHAN

CW/6961/2026 · 2026-04-17

Sameer Jain

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:16118] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6869/2026 1. Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years, R/o House No. 3, Village Lodhana, Post Bolini, Bolni (164), Rewari, Haryana, Registered Owner Of Vehicle No. Hr 47 G 9690. 2. Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years, R/o 183, Nandrampur, Bass (304), Rewari, Haryana, Resitered Owner Of Vehicle No. Hr 47 F 5918. 3. Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years, R/o House No. Ward No. Village Salhawas, Post Office Sangwari (185), Rewari, Haryana, Registered Owner Of Vehicle No. Hr 47 F 3321. ----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. District Transport Officer, Dto Office Kotputli, District Kotputli-Behror (Rajasthan). ----Respondents With S.B. Civil Writ Petition No. 6902/2026 1. Ramkesh Gurjar S/o Rajaram Gurjar, Aged About 28 Years, R/o Gurjar Mohalla Prithvipura Bhurla Bassi Jaipur Rajastan. Owner Of Truck No. Rj.40.ga.3119. 2. Samaydeen S/o Sh Ramjan Khan, Aged About 25 Years, R/o 25 Main Aabadi Neemli Baghora Teh - Tijara Alwar Rj. Owner Of Truck No. Rj.40.ga.5061. 3. Manbir Singh S/o Rohitash Singh, Aged About 58 Years, R/o Village Khargawasi 127 Borla Kamalpur Rewari Hr. Owner Hr.47.e.6305. And Hr.47.d.6470. 4. Vicky S/o Ved Prakash, Aged About 30 Years, R/o 11/4 [2026:RJ-JP:16118] (2 of 10) [CW-6869/2026] Ashok Nagar, Sonipat Hr. Owner Of Truck No. Hr.73.a.6086. 5. Deeak Building Material Supplier, Through Prop. Suraj S/o Ancha Aged About 66 Year R/o Konga Mohalla Pali Faridabad Hr. Owner Of Truck No. Hr.38.y.0093. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Regional Transport Officer, Sikar. 3. Regional Transport Officer, Alwar. 4. District Transport Officer, Kotputali District, Jaipur. 5. Regional Transport Officer, Bharatpur. 6. Regional Transport Officer, Beawar. 7. Regional Transport Officer, Kekri. 8. Regional Transport Officer, Ajmer. 9. Regional Transport Officer, Jhunjhunu. 10. Regional Transport Officer, Jaipur First. 11. Regional Transport Officer, Jaipur Second 12. Regional Transport Officer, Bhiwadi. ----Respondents S.B. Civil Writ Petition No. 6961/2026 1. Rao Logistics, Through Proprietor Sunil Yadav S/o Shri Pal, Aged About 37 Years, r/o U-16/2, Dlf Phase-3, Gurgaon, (Haryana.) Owner Of Vehicle Registration No. Hr55Ah7345. 2. Mohd Rahees S/o Shri Abdul Samad, R/o Tohkla (275), Palwal, (Haryana.) Owner Of Vehicle Registration No.hr73B3140. 3. Tanwar Transport Company, Through Proprietor Imran S/o Shri Khalil Ahamad, R/o 86 Seoli Road Sarai, Khatela Sarai, Palwal, (Haryana.) Owner Of Vehicle Registration No.hr73B7100. 4. Sabir S/o Shri Sumrat, R/o Mohalla Tayya Patti, Village [2026:RJ-JP:16118] (3 of 10) [CW-6869/2026] Nai, Tehsil Punhana, Mewat, (Haryana.) Owner Of Vehicle Registration No. Hr74B8686. 5. Amit Kumar S/o Shri Prakash Singh, R/o Gothra Mohabtabad, Pali, District Faridabad, (Haryana.) Owner Of Vehicle Registration No.hr62A7532. 6. Hansraj Singh Shekhwat S/o Shri Bihari Singh Shekhwat, R/o 293, Dhani Darapur, Rajnauta, Tehsilkotputli, Jaipur, (Rajasthan.). Owner Of Vehicle Registration No.rj32Gd4100. 7. P L And Sons Infrastructure Pvt Ltd, Through Proprietor Arti Gupta W/o Shri Shyam Gupta, R/o A- 52, Riico Industrial Area, Bhiwadi Road, Bhiwadi, Alwar, (Rajasthan.) Owner Of Vehicleregistration No.rj40Ga2247. ----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, Rajasthan. 4. District Transport Officer, Dto Office Kotputli, District Kotputli-Behror, Rajasthan. 5. Regional Transport Officer, Rto Office Sikar, District Sikar, Rajasthan. 6. District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu, Rajasthan 7. Regional Transport Officer, Rto Office Jaipur First, District Jaipur, Rajasthan. 8. District Transport Officer, Dto Office Bhiwadi, District Khairthal-Tijara,rajasthan. 9. Regional Transport Officer, Rto Office Alwar, District Alwar, Rajasthan. 10. Regional Transport Officer, Rto Office Bharatpur, [2026:RJ-JP:16118] (4 of 10) [CW-6869/2026] District Bharatpur, Rajasthan. 11. District Transport Officer, Dto Office Jagatpura, District Jaipur, Rajasthan. 12. Regional Transport Officer, Rto Office Jaipur Second, District Jaipur, Rajasthan. 13. Regional Transport Officer, Rto Office Ajmer, District Ajmer, Rajasthan. 14. District Transport Officer, Dto Office Beawar, District Beawar, Rajasthan. 15. District Transport Officer, Dto Office Kekri, District Ajmer, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 6964/2026 1. Mubarik Hussain S/o Lila, Aged About 37 Years, R/o House No. 595, Near Govt School, Pali (13), Pali, Faridabad, Hr 121004 Owner Of Vehicle Registration No. Hr38Ae4547 2. Bhagwan Sahay S/o Ram Pal, Aged About 46 Years, R/o Godh Wolo Ki Dhani, Lalgarh, Jaipur - Rajasthan 303301 Owner Of Vehicle Registration No. Rj40Ga4042 3. Mohd Sabir S/o Deen Mohd, Aged About 28 Years, R/o Rupdaka, Rupraka (246), Palwal, Palwal, Palwal, Hr 121103 Owner Of Vehicle Registration No. Hr73B7570 4. Sahwan Trding Co., Through Proprietor Arsad Khan S/o Saheed, Aged About 34 Years, R/o Shop 238/8 Near Balaji Petrol Pump, Nuh, Mewat, Hr, 122107, Owner Of Vehicle Registration No. Hr38Ab1503 5. Saan Enterprises, Through Proprietor Arshad S/o Kamruddin, Aged About 46 Years, R/o Sector - 56, Huda Market Near Samaypur Road Faridabad Faridabad Hr 121004 Owner Of Vehicle Registration No. Hr38Ac2733 ----Petitioners Versus [2026:RJ-JP:16118] (5 of 10) [CW-6869/2026] 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 Bharatpur, Rajasthan. 5. District Transport Officer, Dto Bharatpur, Rajasthan. 6. Regional Transport Officer, Rto Alwar, Rajasthan. 7. Regional Transport Officer, Rto Jaipur, Rajasthan. 8. District Transport Officer, Dto Bhiwari, Rajasthan. 9. District Transport Officer, Dto Rajsamand, Rajasthan. 10. District Transport Officer, Dto Kotputli, Rajasthan. 11. District Transport Officer, Dto Dausa, Rajasthan. 12. District Transport Officer, Dto Sikar, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 6970/2026 1. Mahendra S/o Sugad Singh, Aged About 29 Years, R/o Guheta 7, Biswa Kosi Kalan, Guheta 7, Biswa, Mathura, Uttar Pradesh, Registered Owner Of Vehicle Registration No. Rj 05 Gb 6723 2. Sunil S/o Sunhari, R/o B-50, Ranjeet Nagar, Bharatpur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 05 Gb 4088 3. Faisal S/o Rasid, R/o Plot No. 380, Delhi Wali Masjid Sector 48, Surajkund, Faridabad, Haryana, Registered Owner Of Vehicle Registration No. Hr 38 Ac 8015 4. Alim S/o Atta Mohammad, R/o Dhauj, Dhoj (17), Faridabad, Haryana, Registered Owner Of Vehicle Registration No. Hr 38 Af 2167 5. Hasan S/o Nawaj Mohammad, R/o W.no. 09, I.t.i. Colony, Sohna, Gurugram, Haryana, Registered [2026:RJ-JP:16118] (6 of 10) [CW-6869/2026] Owner Of Vehicle Registration No. Hr 84 6272 6. Om Prakash S/o Madan Lal, R/o Vill. Sunhera, Tehsil Kaman, District Bharatpur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 05 Gb 5828 7. Geeta Devi W/o Yogesh, R/o Rajiv Nagar, Palwal, Haryana, Registered Owner Of Vehicle Registration No. Nl 01 Aa 8290 8. Raj Singh S/o Sukhdev Singh, R/o Ward No. 08, 1 Pbn, Tehsil Pilibangan, Hanumangarh, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 14 Gh 8088 ----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 Jaipur First, District Jaipur (Rajasthan). 5. District Transport Officer, Dto Office Kotputli, District Kotputl-Behror (Rajasthan). 6. Regional Transport Officer, Rto Office Alwar, District Alwar (Rajasthan). 7. Regional Transport Officer, Rto Office Bharatpur, District Bharatpur (Rajasthan). 8. Regional Transport Officer, Rto Office Sikar, District Sikar (Rajasthan). 9. District Transport Officer, Dto Office Dausa, District Dausa (Rajasthan). 10. District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu (Rajasthan). ----Respondents [2026:RJ-JP:16118] (7 of 10) [CW-6869/2026] For Petitioner(s) : Mr. Hemant Singh Shekhawat Ms. Jamasi Mr. Raj Kumar Saini Mr. Mritunjya Sharma Ms. Rajani Vyas For Respondent(s) : Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 17/04/2026 1. As the present bunch of petitions revolve around identical issues of facts and law, and the petitions herein are filed seeking analogous reliefs; and the present petitions are adjudicated by this common judgment which shall be applicable upon all the petitions connected herein on mutatis mutandis basis. 2. Learned counsel for the petitioners has submitted that these petitions are filed under the provisions of Article 226 of the Constitution of India to seek redressal of grievances arising from the arbitrary and unjust actions of the respondents. It is apprised to the Court that the primary issue herein is that the respondents have suspended the Registration Certificates (RCs) of the petitioners' vehicles/trucks, without complying with the provisions of the Motor Vehicles Act, 1988 and other allied statues. It is further submitted that the said action of the respondents violates not only the procedural requirements of the governing statues, such as issuing notices, providing adequate opportunity for hearing, or ensuring proper service of notices, but also the principles of natural justice. Nevertheless, as a result of the [2026:RJ-JP:16118] (8 of 10) [CW-6869/2026] aforementioned, hefty penalties were imposed upon the petitioners for alleged overloading, merely on the basis of third- party evidence, such as reports from the Mining Department, without conducting physical verification. 3. Learned counsel has relied upon the provisions of Sections 53, 113, 114, 194 and 200 of the Motor Vehicles Act, 1988 (primarily), along with the principles of natural justice and the General Clauses Act, 1897 qua mandatory effective service. It is submitted that if notices or orders are not served at the correct and complete addresses, the service is deemed to be defective and incomplete. Additionally, counsel has referred to provisions of the Code of Civil Procedure (CPC), which mandate granting three- four opportunities for hearing, and has submitted that neither of the aforementioned provisions and procedural mandates were adhered by the respondents herein. 4. In this regard and to substantiate the contentions made insofar learned counsel has placed reliance on the judgment of Co- ordinate Bench of this Court passed on 28.07.2025 in SBCWP No.9721/2025 titled as Kanwar Singh and Ors. Vs. State of Rajasthan and Ors. 5. Per contra, learned Additional Advocate General, Mr. S.S. Naruka has submitted that as per the software and information provided by the Mining Department or other relevant departments, details regarding gross weight and related credentials are taken; based on which the issuance of E-Ravanna and requirements are carried out. It is submitted that an assiduous analysis is conducted by the competent authorities, and [2026:RJ-JP:16118] (9 of 10) [CW-6869/2026] after adhering with the due procedure within the prescribed upper limit, appropriate proceedings are initiated. 6. It is further submitted that the principles of natural justice are duly complied with in-toto, including the issuance of show cause notices, provisions of a reasonable notice period, and opportunities for hearing or grant of audience. Regarding service of notices, it is emphasized that the addresses provided in the registration certificate remains valid until amended and communicated to the relevant department. Therefore, the contention regarding defective service of notice is not tenable. Additionally, it is submitted that the petitioners have an efficacious alternative remedy as available under the Motor Vehicles Act, nevertheless in the petitions at hand, disputed questions of fact are involved and the writ Court ought not to entertain and adjudicate the same. Accordingly, it is prayed that these petitions should be dismissed at the threshold, due to the availability of an alternative efficacious remedy and the statutory conditions being complied with. 7. Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record in the lead petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the individual petitions, is of a view that the impugned orders (as assailed in the respective petitions), 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 [2026:RJ-JP:16118] (10 of 10) [CW-6869/2026] petitioners and their families. Howsoever, 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 24.04.2026, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days i.e. by 08.05.2026. 8. Audience with respect to the same will be provided by competent authority on 15.05.2026. Adjudication of the same be carried out thereafter within a period of 15 days. 9. 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. 10. It is made clear that no prejudice will be caused to either side on account of passing of the present order. 11. In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed. (SAMEER JAIN),J DEEPAK /10, 12, 16-18