[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Vaga Ram Rebari vs State Of Rajasthan on 8 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:16158]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2258/2026
Pandit Laxmi Narayan Gour S/o Shri Ghasi Ram Ji Gour, Aged
About 87 Years, 13, Central Area , Tehsil Girva, District Udaipur
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, The Secretary, Department Of
Transport And Road Safety , Parivahan Bhawan, Sahkar
Marg,. Jaipur-302 005 Rajasthan.
2. District Transport And Registration Officer, Regional
Transport Officer Rto Udaipur.
----Respondents
S.B. Civil Writ Petition No. 7231/2026
Chatu Singh Rathod S/o Raju Singh, Aged About 60 Years, R/o
Parjapti Mohalla, Lodsar, Churu, Rajasthan - 331507.
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner Transport
And Road Safety, Jaipur (Raj.).
2. District Transport Officer, Transport And Road Safety,
Sujangarh, Churu (Raj.).
3. Regional Transport Authority, Department Of Transport
And Road, Sujangarh, Churu (Raj.).
----Respondents
S.B. Civil Writ Petition No. 7327/2026
Shri Kan Nath S/o Mot Nath, Aged About 45 Years, R/o Ward
No. 04, Siddh Mohalla, Jogaliya, Churu, Rajasthan, 331802.
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner Transport
And Road Safety, Jaipur (Raj.)
2. District Transport Officer, Transport And Road Safety,
Sujangarh (Raj.)
3. Regional Transport Authority, Sujangarh (Raj.).
----Respondents
S.B. Civil Writ Petition No. 6461/2026
Pukhraj S/o Ram Lal, Aged About 47 Years, R/o Khileriyo Ki
Dhani Shri Rampura Malam Singh Ki Sidh Bap, Jodhpur,
Rajasthan.
(Uploaded on 08/04/2026 at 04:47:39 PM)
(Downloaded on 08/04/2026 at 05:06:24 PM)
[2026:RJ-JD:16158] (2 of 5) [CW-2258/2026]
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Transport, Secretariat, Jaipur, Rajasthan.
2. Transport Commissioner, Rajasthan, Jaipur.
3. The Regional Transport Officer, Phalodi, Rajasthan.
4. The District Transport Officer, Phalodi, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4622/2026
Vaga Ram Rebari S/o Neti Ram, Aged About 42 Years, R/o
Rebari Was Taroongi Tehsil - Pindwada District - Sirohi
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner Transport
And Road Safety Jaipur Rajasthan
2. Office Of State Transport Authority, Jaipur (Rajasthan)
3. Additional Secretory, Regional Transport Authority
Headquarter Jaipur Rajasthan
4. District Transport And Registration Officer, Officer Of
Regional Transport Authority Udaipur (Rajasthan)
----Respondents
For Petitioner(s) : Mr. Ravindra Paliwal
Mr. Piyush Sharma
Ms. Adwaita Sharma
Mr. Laxmikant Vaishnav
Mr. Rajendra Singh Rathore
Mr. Basant Kumar Meena
For Respondent(s) : Mr. Sandeep Soni and
Ms. Sulochna Bishnoi for
Mr. B.L. Bhati, AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/04/2026
1. All these petitions involve a common question/dispute and
therefore, all are being decided by this common order.
2 All the petitioners are the bonafide purchasers of the vehicles
from their original registered owners or subsequent purchasers
(Uploaded on 08/04/2026 at 04:47:39 PM)
[2026:RJ-JD:16158] (3 of 5) [CW-2258/2026]
and now, the registration of vehicles is in their name by the
registering authority.
3. The respondent-transport department has issued separate
notices to the petitioners that the vehicles in question now
registered in the name of the petitioners alleged to have been not
manufactured by the registered manufacturing company and the
engine no. and chasis no. of their vehicle are not be genuine one.
In the notice, the respondents have also stated that the
petitioners have to give explanation and if the explanation is not
found to be satisfactory, the respondent-registration of the vehicle
can be cancelled invoking the powers given under Section 55 (5)of
the Motor Vehicles Act, 1988.
4 After a length of arguments, counsel appearing for the
respondents, so as to resolve the issue, on instructions from the
department, fairly states that the petitioners may submit a
detailed representation giving out their credentials as regards the
purchase and registration of their vehicles by the registering
authority and after receiving their representation, the department
taking into consideration the facts stated in the representation
submitted by the petitioners and the record available with them
and after making a due verification from the earlier registering
authorities, shall conduct an inquiry and on the basis of the
conclusion of that inquiry, if something substantial is found to take
action against the petitioners, they will issue an appropriate show
cause notice and thereafter, proceed in accordance with the law.
5. Counsels for the petitioners also with fairness and to put an
end to the issue accepted the proposal of the counsel for the
respondent and state that all the petitioners will submit their
(Uploaded on 08/04/2026 at 04:47:39 PM)
[2026:RJ-JD:16158] (4 of 5) [CW-2258/2026]
representations to the respondent-transport department within a
period of four weeks from today.
6 In view of the proposal made by the respondent- department
and so also the submissions made by the counsel for the
petitioners, the Court deems just and proper to dispose the writ
petitions as under.
i. The petitioners shall submit their representation within a
period of four weeks from today to the respective registration
authority giving out the complete details as regards their purchase
and registration of their vehicle. If no such representation is filed
within given time, this order will render ineffective qua such
petitioners and the impugned notice will got revived automatically.
ii. On receiving the representation from the petitioners, the
respondent authorities shall after taking into consideration the
averments made in the representation, the record available with
them in respect of the vehicles in question and after due
verification from the earlier registering authorities of the vehicle,
shall make an inquiry as regards the allegations against the
petitioners.
iii. On making an inquiry, if the respondent authorities found
some substance in the allegations against the petitioners, they
shall issue a show cause notice to the petitioners giving out the
details and the basis of allegations.
iv. After issuing the notices, the respondents shall proceed in
the matter strictly in accordance with the law and pass
appropriate orders.
v. Till issuance of the final orders by the respondent authorities
after completion of the process as observed above, no coercive
(Uploaded on 08/04/2026 at 04:47:39 PM)
[2026:RJ-JD:16158] (5 of 5) [CW-2258/2026]
shall be taken against the petitioners and all notices/orders as
regards the cancellation or suspension of the registration
certificates issued by now, shall stand quashed qua the
petitioners.
vi. It is also made clear that the petitioners shall not
transfer/sell the vehicles in question to any other third party till
final orders are passed by the respondent authority and in the
meantime, all regular fitness, renewal, insurance, permit, etc.,
shall continue as like a normal case.
vii. It is also made clear that this order will not come in any way
in investigation of any criminal case registered in this regard.
Viii. It is also made clear that if the registering authority after
inspection of the said vehicle find the engine no. and chasis no. of
the vehicle to be genuine and in confirmity with the numbers
provided by the manufacturing company, then the petitioners shall
be at liberty to apply for fitness certificate(s) which shall be issued
to them, in accordance with law.
7. Stay petition(s) and all pending applications, if any, stand
disposed of.
(KULDEEP MATHUR),J
4, 13, 14, 101 & 111 divya/-
(Uploaded on 08/04/2026 at 04:47:39 PM)
Powered by TCPDF (www.tcpdf.org)
