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2026 DAILYLAW 963 (RAJ)

SHIV SHANKAR S/O SHRI VIJAY PAL v. STATE OF RAJASTHAN

CW/3850/2026 · 2026-02-27

Ganesh Ram Meena

body2026

Judgment text

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[2026:RJ-JP:9286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3850/2026 1. Shiv Shankar S/o Shri Vijay Pal, Aged About 36 Years, R/o Village Bhainsrawali, Tehsil Ballabgarh, Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Ah- 0031. 2. M/s Sadguru Sai Logistics, Through Its Proprietor Shri Sunil Yadav S/o Shri Sripal, Registered Office At C/o Agrim Pratap Parmar Flat No.101 Water Green App 1234, Sun Layout Naka 9, Jaitala Nagpur, (Maharastra), Owner Of Truck Bearing Number Mh-31Fc-5196. 3. Jai Bhagwan S/o Shri Lekhraj, R/o Faridpur, (99), Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Af-8343. 4. Tilak Raj Enterprises, Through Its Properietor Shri Tilak S/o Shri Hariya, Registered Office At House No.29, Gaon Gothra, Pali Mohatabad, Faridabad, (Haryana), Owner Of Truck Bearing Number Hr-38Ah-0059. 5. Preet Roadlines, Through Its Proprietor Shri Vijaypal S/o Shri Mamchand, Registered Office At Village Bhainsrawali, Tehsil Ballabgarh, Faridabad, (Haryana), Owner Of Truck Bearing No. Hr-38Ab-7731. 6. Ayan Traders, Through Its Proprietor Shri Javed Khan S/o Shri Rujdar Khan Registered Office At Iti Colony, Ward No.12, Sohna, Gurgaon, (Haryana), Owner Of Truck Bearing Number Hr-55Ap-2183. 7. M/s Av Construction, Through Its Proprietor Shri Vikas Choudhary S/o Shri Pramod Choudhary, Registered Office At Habibpur, Drain Khera Chauganpur, New Greater Noida, (Up), Owner Of Truck Bearing Number Hr-55Af- 9065. 8. Rao Logistic, Through Its Proprietor Shri Sunil Yadav S/o Shri Sripal, Registered Office At U-162, Dlf Phase-3, Gurgaon, (Haryana), Owner Of Truck Bearing Number Hr- 55Ah-7345. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Transport [2026:RJ-JP:9286] (2 of 4) [CW-3850/2026] Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Joint Secretary, Mines And Geology Department, Secretrait, Jaipur, Rajasthan, 3. Regional Transport Officer, Bharatpur. 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. Morvi Sharma Mr. Jaswant Sharma Ms. Priyanka Paliwal for Mr. Raj Kumar Goyal For Respondent(s) : Mr. Sachin Singh Rathore, AAAG for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/02/2026 1. Learned counsel for the petitioner 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. [2026:RJ-JP:9286] (3 of 4) [CW-3850/2026] 2. Learned counsel appearing for the respondents-State agrees and submits that the present writ 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 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. [2026:RJ-JP:9286] (4 of 4) [CW-3850/2026] 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 are 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 alongwith their counsel concerned shall report to/before the notice issuing authority on 16.03.2026 preferably in between 11:00 AM to 01:00 PM and submit the 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 stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /35