Rajasthan High Court - Jodhpur
M/S. Ekta Enterprises vs The Secretory And Transport ... on 26 February, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:9731-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 2637/2024
M/s. Ekta Enterprises, A Partnership Firm Having Its Office At
Plot No.5, Mali Road No. 5, Umrar Vihar, Kanakpura, Jaipur,
Rajasthan-302043 Through Its Partner Mr. Praveen Jain S/o Shri
Gajendra Kumar Jain, Aged About 43 Years, R/o 49, Mahadev
Nagar, Gandhi Path, Vaishali Nagar, Jaipur, Rajasthan.
----Petitioner
Versus
1. The Secretory And Transport Commissioner, Government
Of Rajasthan, Parivahan Bhawan, Jaipur, Rajasthan
2. The District Trasnport Officer, District Dungarpur,
Rajasthan.
3. The Transport Inspector, District Dungarpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Dinesh Vishnoi
For Respondent(s) : Mr. Praveen Khandelwal, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
26/02/2024
1. Learned counsel for the parties jointly submit that the
controversy raised in the instant matter stands resolved in view of
the adjudication made by a Division Bench of this Hon'ble Court in
M/s Ekta Enterprises v. The Secretary & Transport
Commissioner & Ors. : D.B. Civil Writ Petition
No.10471/2023 on 19.07.2023; holding thus:
"1. Having considered the submissions made by the counsel
for the parties and keeping in view the consensus which has
been reached between the counsel for the parties, in the
light of the judgment passed by the Hon'ble Delhi High
Court in MAC.APP.614/2018-Rishi Ranjan Mishra Vs. Shubh
Chander Yadav & Ors. (New India Assurance Co.Ltd.)
[2024:RJ-JD:9731-DB] (2 of 2) [CW-2637/2024]
decided on 05.09.2019, wherein the vehicle in question as
in the present case has been declared to be a motor vehicle
under Section 2(28) of the Motor Vehicles Act, 1998. Upon
the same judgment having been challenged before the
Hon'ble Supreme Court in Special Leave to Appeal (C)
No.1174/2020-Container Corporation of India Limited Vs.
Rishi Ranjan Mishra & Ors., the Hon'ble Supreme Court has
stayed the operation of the impugned judgment and order
dated 05.09.2019 vide order dated 23.01.2020.
2. It is ordered that in case the petitioner submits the bank
guarantee relatable to the amount of tax and interest as
may be quantified by the competent authority within a
period of two days qua the penalty, the surety may be
granted by the petitioner. On doing so, the vehicles i.e.
Reach Stacker machine shall be released forthwith as an
interim measure.
3. With this observation, the present writ petition stands
disposed of. In the light of whatever stated by us above, all
the pleadings as have been taken in the present writ
petition would be open to the petitioner to agitate before
the competent authority. It may also be added here that the
stand which may be taken by the respondent-State is also
not being determined on merits."
2. Accordingly, this writ petition is also disposed of in the light
of the decision rendered vide order dated 19.07.2023 passed in
the case of M/s. Ekta Enterprises (supra) on the same terms.
However, it is ordered that in case the petitioner submits the bank
guarantee relatable to the amount of tax and interest as may be
quantified by the competent authority within a period of seven days qua
the penalty, the surety may be granted by the petitioner. On doing so,
the vehicles shall be released forthwith as an interim measure.
3. All pending applications also stand disposed of.
(MUNNURI LAXMAN), J. (DR. PUSHPENDRA SINGH BHATI), J.
3-Sudheer
Powered by TCPDF (www.tcpdf.org)
