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2026 DAILYLAW 5520 (RAJ)

MOTI SWAMI S/O BANWARI LAL SWAMI v. STATE OF RAJASTHAN

CW/5460/2026 · 2026-03-25

Ganesh Ram Meena

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:12583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5460/2026 1. Moti Swami S/o Banwari Lal Swami, Aged About 41 Years, R/o Phagodiyan Ki Dhani, Nawalgarh, Rampura, District Jhunjhunu, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Ga 4876 2. Shri Krishna Trading Company, Shop No. 22, Ward No. 26, Kosi Chauraha, Jurhera Road, Kaman, District Bharatpur, Rajasthan, Through Proprietor Balram Singh S/o Mahesh Singh, R/o Bahaj, District Bharatpur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 29 Gb 1177 3. Bhola Ram S/o Nimba Ram, R/o I Ai Awas Khinwasar, Nagaur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Ga 5154 4. Jahid Building Material Supplier, Shop No. 05, Neemli Road, Neemli, Alwar, Rajasthan, Through Proprietor Jahid S/o Ramjan, R/o Ward No. 06, Mukhya Aabadi, Neemli, District Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Ga 5935 5. Moin Khan S/o Ishak, R/o 36, Mukhya Aabadi, Neemli, Tehsil Tijara, District Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Ga 6182 6. Mk Trading Company, H.no. 29, Village Bhupawali, Tehsil Nu, Mewat, Haryana, Through Proprietor Munfad S/o Hasam, R/o House No. F-487, Gali No. 14, Jait Pur Part 02, Badarpur, South Delhi, Registered Owner Of Vehicle Registration No. Hr 74 B 8207 7. Sk Traders, Unchi Dhankaur Nr Qureshi Moh. Greater Noida, Gautambuddha Nagar, Uttar Pradesh, Through Proprietor Khairunisha C/o Younus, R/o Near Qureshi Masjid, House No. 01, Dankaur, Gautam Buddha Nagar, Uttar Pradesh, Registered Owner Of Vehicle Registration No. Rj 32 Gc 3564 8. Mithun Kumar S/o Ramjeet Singh, R/o Bahaj, Deeg, Bharatpur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 05 Gc 5541 9. Sadik Construction, Near By School Shop No. 1, Village Neemli, Wahadka Bas, Tehsil Tijara, Alwar, Rajasthan, [2026:RJ-JP:12583] (2 of 5) [CW-5460/2026] Through Proprietor Saddam S/o Nasrudeen, R/o Wahad Ka Bas, Neemli, District Alwar, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 40 Ga 5877 10. M/s Raj Industries, Fatehsar Satheran, Nagaur, Rajasthan, Through Proprietor Jenaram S/o Bhagaram, R/o Fathesar, Satheran, Nagaur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 21 Gd 9103 11. Bera Lime And Construction, Bedo Ki Dhani, Gajsinghpura, Bhopalgarh, Jodhpur, Rajasthan, Through Proprietor Surendra Beda S/o Jeevan Singh Beda, R/o Bera Ki Dhani, Gajsinghpura, Jodhpur, Rajasthan, Registered Owner Of Vehicle Registration No. Rj 21 Ge 2700 ----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 Bikaner, District Bikaner (Rajasthan). 5. Regional Transport Officer, Rto Office Jaipur First, District Jaipur (Rajasthan). 6. District Transport Officer, Dto Office Sujangarh, District Churu (Rajasthan). 7. District Transport Officer, Dto Office Didwana, District Didwana-Kuchaman (Rajasthan). 8. District Transport Officer, Dto Office Kotputli, District Kotputl-Behror (Rajasthan). 9. Regional Transport Officer, Rto Office Alwar, District Alwar (Rajasthan). 10. Regional Transport Officer, Rto Office Bharatpur, District Bharatpur (Rajasthan). 11. Regional Transport Officer, Rto Office Jaipur First, District Jaipur (Rajasthan). [2026:RJ-JP:12583] (3 of 5) [CW-5460/2026] 12. Regional Transport Officer, Rto Office Sikar, District Sikar (Rajasthan). 13. District Transport Officer, Dto Office Jhunjhunu, District Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Rajani Vyas For Respondent(s) : Mr. S.S. Naruka, AAG, with Mr. Jitendra Kumar Takar HON'BLE MR. JUSTICE GANESH RAM MEENA Order 25/03/2026 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). 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 [2026:RJ-JP:12583] (4 of 5) [CW-5460/2026] 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.” 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 [2026:RJ-JP:12583] (5 of 5) [CW-5460/2026] condition that the petitioners along with their counsel concerned shall report to/before the Notice Issuing Authority on 07.04.2026 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 SHRUTI SHARMA /40