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2026 DAILYLAW 8247 (RAJ)

SHIVA TRADERS v. STATE OF RAJASTHAN

CW/9691/2026 · 2026-05-27

Maneesh Sharma V J

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:22571] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9691/2026 1. Shiva Traders, (Prop. Pawan Kumar), Nagla Ahsanpur, Khatela, Sarai, Pawal, Haryana, Through Proprietor Pawan Kumar S/o Chandra Bhushan, Aged About 40 Years, R/o Village Bisrakh, Near Syndicate Bank, Bisrakh, Gautam Buddha Nagar, Uttar Pradesh, Registered Owner Of Vehicle Registration No. Hr 73 B 7020 2. I K Traders, Prop. Irfan, Nagla Ahsanpur, Khatela Sarai (86), Palwal, Haryana, Through It's Proprietor Irfan Ali S/o Aktar Ali, R/o Village Nagla Jahanu, Post Kureb, Jewar, District Gautam Buddha Nagar, Uttar Pradesh, Registered Owner Of Vehicle Registration No. Hr 73 B 1566 And Hr 38 Ad 8035 ----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. Regional Transport Officer, Rto Office Alwar, District Alwar (Rajasthan). 6. Regional Transport Officer, Rto Office Bharatpur, District Bharatpur (Rajasthan). ----Respondents For Petitioner(s) : Ms. Rajani Vyas For Respondent(s) : Mr. S.S. Naruka, AAG with Ms. Ritika Naruka, AAAG Mr. Tanishq Aditya Panwar Mr. Sachin Singh Rathore, AAAG & Mr. Anshuman Singh [2026:RJ-JP:22571] (2 of 3) [CW-9691/2026] HON'BLE MR. JUSTICE MANEESH SHARMA Order 27/05/2026 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 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, the impugned order, whereby the Registration Certificates of the vehicles owned / possessed by the petitioners were suspended, needs to be set aside, for the reasons that the petitioners were not afforded the opportunity of hearing and that the said vehicles are the source of bread and butter of the petitioners and their families. 3. However, the aforementioned revocation shall only be effective subject to the condition that the petitioners will produce their vehicles before the Transport Department, who will examine and inspect the vehicles’ 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. 1 S.B. C.W.P. No.9721/2025 2 S.B. C.W.P. No.20073/2025 [2026:RJ-JP:22571] (3 of 3) [CW-9691/2026] 5. The petitioners, along with their vehicle concerned, shall report to / before the respective DTOs who passed the order of suspension of registration of the subject vehicles, on 10.06.2026, 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. 6. Audience with respect to the same will be provided by the competent authority on 25.06.2026. 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. All pending applications, if any, also stand disposed of. (MANEESH SHARMA),J SOURAV/76