[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Sdb Builder vs State Of Rajasthan (2026:Rj-Jd:20245) on 29 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:20245]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7976/2026
SDB Builder, Through Its Authorized Representative Babu Lal
Prajapat S/o Durgaram Prajapat, Aged About 53 Years, R/o B.r.
Birla Ke Samne, B-36 Vaishnav Nagar, 2Nd Pal, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Transport, Secretariat, Jaipur Rajasthan.
2. The Regional Transport Officer, Jodhpur.
3. The District Transport Officer, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hemank Vaishnav
For Respondent(s) : Mr. Sandeep Soni for
Mr. B.L. Bhati, AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
29/04/2026
By way of filing the present writ petition, the petitioner has
prayed for the following reliefs:-
"It is therefore, respectfully prayed that this writ
petition may kindly be allowed and by an appropriate writ,
order or direction:-
1. Issue an appropriate writ, order or direction, more
particularly a writ in the nature of Mandamus, directing the
Respondent No. 2 to forthwith process and complete the
registration of the Petitioner's Construction Equipment
Vehicle, namely Indo Power 16 TON Crane, purchased on
20.06.2025, in accordance with law and the Notification dated
10.02.2025.
2. That the inaction, refusal, and failure of the Respondent
Authorities to register the Petitioner's vehicle, despite full
compliance and timely submission of the application within the
statutory deadline, as arbitrary, illegal, unconstitutional, and
violative of Articles 14 and 19(1)(g) of the Constitution of
India.
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[2026:RJ-JD:20245] (2 of 3) [CW-7976/2026]
3. That the direction may kindly be issued to the Respondent
Authorities to issue the Registration Certificate (RC) of the
aforesaid vehicle within a time-bound period as may be
deemed fit in the interest of justice."
2. 2. Learned counsel for the petitioner submitted that the
petitioner had submitted the requisite fee and documents, namely Form
21 (Rule 47)(a) and (d) (Sales Certificate) and Form 22, in the office of
the District Transport Officer, Jodhpur, on 24.06.2025, seeking
registration of its new construction equipment vehicle bearing Chassis
No. HPCHYD16NRM002209 and Engine No.IF45005070PS. However, the
said vehicle has not been registered without any valid reason.
3. Learned counsel, Mr. B.L. Bhati, learned AAG, submitted that
although the department has received the registration fee deposited
online by the petitioner, the vehicle could not be registered before
20.06.2025 due to non-submission of requisite original documents. He
further submitted that the Ministry of Road Transport and Highways,
vide Notification GSR 163(E) dated 07.03.2024, amended Rule 115-A in
compliance with the directions issued by the National Green Tribunal,
providing that Stage-IV construction equipment vehicles manufactured
on or before 31.12.2024 cannot be registered after 30.06.2025. It was
thus contended that since the petitioner failed to submit the original
documents on or before the cut-off date, the competent authority
rightly denied registration of the vehicle in question.
4. Heard.
5. Having heard learned counsel for the parties and upon perusal of
the material available on record, this Court finds that it is not in dispute
that the 'CEV' Stage-V emission norms came into effect qua
construction equipment vehicles with effect from 30.06.2025, and thus,
no vehicle of the aforesaid category could ordinarily be registered after
the said date. However, in the present case, it is also not in dispute that
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[2026:RJ-JD:20245] (3 of 3) [CW-7976/2026]
the petitioner had purchased the vehicle in question on 26.06.2025 and
the requisite documents were issued by the manufacturer/dealer on the
same date. The registration fee was also deposited by the petitioner
prior to 30.06.2025. Further, the vehicle was inspected at the DTO/RTO
office by Ajay Sagar, Transport Inspector, Jodhpur, prior to the said cut-
off date.
6. Thus, all essential formalities relating to the purchase and
registration of the vehicle had been completed well before 30.06.2025.
In such circumstances, it would be highly unjust and improper to deny
registration of the petitioner's vehicle merely on the ground of delayed
submission of certain documents.
7. In the considered opinion of this Court, once the purchase of the
vehicle prior to the cut-off date i.e. 30.06.2025 is not in dispute, there
remains no valid justification for the respondents to deny its
registration.
8. In view of the aforesaid discussion, the present writ petition is
allowed. The respondents are directed to register the petitioner's
construction equipment vehicle bearing Chassis No.
HPCHYD16NRM002209 and Engine No.IF45005070PS and issue a
registration number forthwith.
9. All pending applications, if any, stand disposed of.
(KULDEEP MATHUR),J
1-divya/-
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