Rao Logistics vs State Of Rajasthan (2026:Rj-Jp:16182) on 17 April, 2026

    0
    36
    ADVERTISEMENT

    Rajasthan High Court – Jaipur

    Rao Logistics vs State Of Rajasthan (2026:Rj-Jp:16182) on 17 April, 2026

    [2026:RJ-JP:16118]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                   S.B. Civil Writ Petition No. 6869/2026
    
    1.       Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years,
             R/o House No. 3, Village Lodhana, Post Bolini, Bolni
             (164), Rewari, Haryana, Registered Owner Of Vehicle No.
             Hr 47 G 9690.
    2.       Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years,
             R/o 183, Nandrampur, Bass (304), Rewari, Haryana,
             Resitered Owner Of Vehicle No. Hr 47 F 5918.
    3.       Ravi Prakash S/o Hoshiyar Singh, Aged About 34 Years,
             R/o House No. Ward No. Village Salhawas, Post Office
             Sangwari (185), Rewari, Haryana, Registered Owner Of
             Vehicle No. Hr 47 F 3321.
                                                                        ----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.       District Transport Officer, Dto Office Kotputli, District
             Kotputli-Behror (Rajasthan).
                                                                      ----Respondents

    With
    S.B. Civil Writ Petition No. 6902/2026

    1. Ramkesh Gurjar S/o Rajaram Gurjar, Aged About 28
    Years, R/o Gurjar Mohalla Prithvipura Bhurla Bassi Jaipur
    Rajastan. Owner Of Truck No. Rj.40.ga.3119.

    SPONSORED

    2. Samaydeen S/o Sh Ramjan Khan, Aged About 25 Years,
    R/o 25 Main Aabadi Neemli Baghora Teh – Tijara Alwar
    Rj. Owner Of Truck No. Rj.40.ga.5061.

    3. Manbir Singh S/o Rohitash Singh, Aged About 58 Years,
    R/o Village Khargawasi 127 Borla Kamalpur Rewari Hr.
    Owner Hr.47.e.6305. And Hr.47.d.6470.

    4. Vicky S/o Ved Prakash, Aged About 30 Years, R/o 11/4

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (2 of 10) [CW-6869/2026]

    Ashok Nagar, Sonipat Hr. Owner Of Truck No.
    Hr.73.a.6086.

    5. Deeak Building Material Supplier, Through Prop. Suraj
    S/o Ancha Aged About 66 Year R/o Konga Mohalla Pali
    Faridabad Hr. Owner Of Truck No. Hr.38.y.0093.

    —-Petitioners
    Versus

    1. State Of Rajasthan, Through The Secretary, Transport
    Department, Government Of Rajasthan, Secretariat,
    Jaipur.

    2. Regional Transport Officer, Sikar.

    3. Regional Transport Officer, Alwar.

    4. District Transport Officer, Kotputali District, Jaipur.

    5. Regional Transport Officer, Bharatpur.

    6. Regional Transport Officer, Beawar.

    7. Regional Transport Officer, Kekri.

    8. Regional Transport Officer, Ajmer.

    9. Regional Transport Officer, Jhunjhunu.

    10. Regional Transport Officer, Jaipur First.

    11. Regional Transport Officer, Jaipur Second

    12. Regional Transport Officer, Bhiwadi.

    —-Respondents

    S.B. Civil Writ Petition No. 6961/2026

    1. Rao Logistics, Through Proprietor Sunil Yadav S/o Shri
    Pal, Aged About 37 Years, r/o U-16/2, Dlf Phase-3,
    Gurgaon, (Haryana.) Owner Of Vehicle Registration No.
    Hr55Ah7345.

    2. Mohd Rahees S/o Shri Abdul Samad, R/o Tohkla (275),
    Palwal, (Haryana.) Owner Of Vehicle Registration
    No.hr73B3140.

    3. Tanwar Transport Company, Through Proprietor Imran
    S/o Shri Khalil Ahamad, R/o 86 Seoli Road Sarai,
    Khatela Sarai, Palwal, (Haryana.) Owner Of Vehicle
    Registration No.hr73B7100.

    4. Sabir S/o Shri Sumrat, R/o Mohalla Tayya Patti, Village

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (3 of 10) [CW-6869/2026]

    Nai, Tehsil Punhana, Mewat, (Haryana.) Owner Of
    Vehicle Registration No. Hr74B8686.

    5. Amit Kumar S/o Shri Prakash Singh, R/o Gothra
    Mohabtabad, Pali, District Faridabad, (Haryana.) Owner
    Of Vehicle Registration No.hr62A7532.

    6. Hansraj Singh Shekhwat S/o Shri Bihari Singh
    Shekhwat, R/o 293, Dhani Darapur, Rajnauta,
    Tehsilkotputli, Jaipur, (Rajasthan.). Owner Of Vehicle
    Registration No.rj32Gd4100.

    7. P L And Sons Infrastructure Pvt Ltd, Through
    Proprietor Arti Gupta W/o Shri Shyam Gupta, R/o A-
    52, Riico Industrial Area, Bhiwadi Road, Bhiwadi,
    Alwar, (Rajasthan.) Owner Of Vehicleregistration
    No.rj40Ga2247.

    —-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, Rajasthan.

    4. District Transport Officer, Dto Office Kotputli, District
    Kotputli-Behror, Rajasthan.

    5. Regional Transport Officer, Rto Office Sikar, District
    Sikar, Rajasthan.

    6. District Transport Officer, Dto Office Jhunjhunu, District
    Jhunjhunu, Rajasthan

    7. Regional Transport Officer, Rto Office Jaipur First,
    District Jaipur, Rajasthan.

    8. District Transport Officer, Dto Office Bhiwadi, District
    Khairthal-Tijara,rajasthan.

    9. Regional Transport Officer, Rto Office Alwar, District
    Alwar, Rajasthan.

    10. Regional Transport Officer, Rto Office Bharatpur,

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (4 of 10) [CW-6869/2026]

    District Bharatpur, Rajasthan.

    11. District Transport Officer, Dto Office Jagatpura, District
    Jaipur, Rajasthan.

    12. Regional Transport Officer, Rto Office Jaipur Second,
    District Jaipur, Rajasthan.

    13. Regional Transport Officer, Rto Office Ajmer, District
    Ajmer, Rajasthan.

    14. District Transport Officer, Dto Office Beawar, District
    Beawar, Rajasthan.

    15. District Transport Officer, Dto Office Kekri, District
    Ajmer, Rajasthan.

    —-Respondents

    S.B. Civil Writ Petition No. 6964/2026

    1. Mubarik Hussain S/o Lila, Aged About 37 Years, R/o
    House No. 595, Near Govt School, Pali (13), Pali,
    Faridabad, Hr 121004 Owner Of Vehicle Registration
    No. Hr38Ae4547

    2. Bhagwan Sahay S/o Ram Pal, Aged About 46 Years,
    R/o Godh Wolo Ki Dhani, Lalgarh, Jaipur – Rajasthan
    303301 Owner Of Vehicle Registration No.
    Rj40Ga4042

    3. Mohd Sabir S/o Deen Mohd, Aged About 28 Years,
    R/o Rupdaka, Rupraka (246), Palwal, Palwal, Palwal,
    Hr 121103 Owner Of Vehicle Registration No.
    Hr73B7570

    4. Sahwan Trding Co., Through Proprietor Arsad Khan
    S/o Saheed, Aged About 34 Years, R/o Shop 238/8
    Near Balaji Petrol Pump, Nuh, Mewat, Hr, 122107,
    Owner Of Vehicle Registration No. Hr38Ab1503

    5. Saan Enterprises, Through Proprietor Arshad S/o
    Kamruddin, Aged About 46 Years, R/o Sector – 56,
    Huda Market Near Samaypur Road Faridabad
    Faridabad Hr 121004 Owner Of Vehicle Registration
    No. Hr38Ac2733

    —-Petitioners
    Versus

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (5 of 10) [CW-6869/2026]

    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 Bharatpur, Rajasthan.

    5. District Transport Officer, Dto Bharatpur, Rajasthan.

    6. Regional Transport Officer, Rto Alwar, Rajasthan.

    7. Regional Transport Officer, Rto Jaipur, Rajasthan.

    8. District Transport Officer, Dto Bhiwari, Rajasthan.

    9. District Transport Officer, Dto Rajsamand, Rajasthan.

    10. District Transport Officer, Dto Kotputli, Rajasthan.

    11. District Transport Officer, Dto Dausa, Rajasthan.

    12. District Transport Officer, Dto Sikar, Rajasthan.

    —-Respondents

    S.B. Civil Writ Petition No. 6970/2026

    1. Mahendra S/o Sugad Singh, Aged About 29 Years,
    R/o Guheta 7, Biswa Kosi Kalan, Guheta 7, Biswa,
    Mathura, Uttar Pradesh, Registered Owner Of
    Vehicle Registration No. Rj 05 Gb 6723

    2. Sunil S/o Sunhari, R/o B-50, Ranjeet Nagar,
    Bharatpur, Rajasthan, Registered Owner Of Vehicle
    Registration No. Rj 05 Gb 4088

    3. Faisal S/o Rasid, R/o Plot No. 380, Delhi Wali Masjid
    Sector 48, Surajkund, Faridabad, Haryana,
    Registered Owner Of Vehicle Registration No. Hr 38
    Ac 8015

    4. Alim S/o Atta Mohammad, R/o Dhauj, Dhoj (17),
    Faridabad, Haryana, Registered Owner Of Vehicle
    Registration No. Hr 38 Af 2167

    5. Hasan S/o Nawaj Mohammad, R/o W.no. 09, I.t.i.

    Colony, Sohna, Gurugram, Haryana, Registered

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (6 of 10) [CW-6869/2026]

    Owner Of Vehicle Registration No. Hr 84 6272

    6. Om Prakash S/o Madan Lal, R/o Vill. Sunhera, Tehsil
    Kaman, District Bharatpur, Rajasthan, Registered
    Owner Of Vehicle Registration No. Rj 05 Gb 5828

    7. Geeta Devi W/o Yogesh, R/o Rajiv Nagar, Palwal,
    Haryana, Registered Owner Of Vehicle Registration
    No. Nl 01 Aa 8290

    8. Raj Singh S/o Sukhdev Singh, R/o Ward No. 08, 1
    Pbn, Tehsil Pilibangan, Hanumangarh, Rajasthan,
    Registered Owner Of Vehicle Registration No. Rj 14
    Gh 8088

    —-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. District Transport Officer, Dto Office Kotputli, District
    Kotputl-Behror (Rajasthan).

    6. Regional Transport Officer, Rto Office Alwar, District
    Alwar (Rajasthan).

    7. Regional Transport Officer, Rto Office Bharatpur,
    District Bharatpur (Rajasthan).

    8. Regional Transport Officer, Rto Office Sikar, District
    Sikar (Rajasthan).

    9. District Transport Officer, Dto Office Dausa, District
    Dausa (Rajasthan).

    10. District Transport Officer, Dto Office Jhunjhunu,
    District Jhunjhunu (Rajasthan).

    —-Respondents

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (7 of 10) [CW-6869/2026]

    For Petitioner(s) : Mr. Hemant Singh Shekhawat
    Ms. Jamasi
    Mr. Raj Kumar Saini
    Mr. Mritunjya Sharma
    Ms. Rajani Vyas
    For Respondent(s) : Mr. S.S. Naruka, AAG

    HON’BLE MR. JUSTICE SAMEER JAIN

    Order

    17/04/2026

    1. As the present bunch of petitions revolve around identical

    issues of facts and law, and the petitions herein are filed seeking

    analogous reliefs; and the present petitions are adjudicated by

    this common judgment which shall be applicable upon all the

    petitions connected herein on mutatis mutandis basis.

    2. Learned counsel for the petitioners has submitted that these

    petitions are filed under the provisions of Article 226 of the

    Constitution of India to seek redressal of grievances arising from

    the arbitrary and unjust actions of the respondents. It is apprised

    to the Court that the primary issue herein is that the respondents

    have suspended the Registration Certificates (RCs) of the

    petitioners’ vehicles/trucks, without complying with the provisions

    of the Motor Vehicles Act, 1988 and other allied statues. It is

    further submitted that the said action of the respondents violates

    not only the procedural requirements of the governing statues,

    such as issuing notices, providing adequate opportunity for

    hearing, or ensuring proper service of notices, but also the

    principles of natural justice. Nevertheless, as a result of the

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (8 of 10) [CW-6869/2026]

    aforementioned, hefty penalties were imposed upon the

    petitioners for alleged overloading, merely on the basis of third-

    party evidence, such as reports from the Mining Department,

    without conducting physical verification.

    3. Learned counsel has relied upon the provisions of Sections

    53, 113, 114, 194 and 200 of the Motor Vehicles Act, 1988

    (primarily), along with the principles of natural justice and the

    General Clauses Act, 1897 qua mandatory effective service. It is

    submitted that if notices or orders are not served at the correct

    and complete addresses, the service is deemed to be defective

    and incomplete. Additionally, counsel has referred to provisions of

    the Code of Civil Procedure (CPC), which mandate granting three-

    four opportunities for hearing, and has submitted that neither of

    the aforementioned provisions and procedural mandates were

    adhered by the respondents herein.

    4. In this regard and to substantiate the contentions made

    insofar learned counsel has placed reliance on the judgment of Co-

    ordinate Bench of this Court passed on 28.07.2025 in SBCWP

    No.9721/2025 titled as Kanwar Singh and Ors. Vs. State of

    Rajasthan and Ors.

    5. Per contra, learned Additional Advocate General, Mr. S.S.

    Naruka has submitted that as per the software and information

    provided by the Mining Department or other relevant

    departments, details regarding gross weight and related

    credentials are taken; based on which the issuance of E-Ravanna

    and requirements are carried out. It is submitted that an

    assiduous analysis is conducted by the competent authorities, and

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (9 of 10) [CW-6869/2026]

    after adhering with the due procedure within the prescribed upper

    limit, appropriate proceedings are initiated.

    6. It is further submitted that the principles of natural justice

    are duly complied with in-toto, including the issuance of show

    cause notices, provisions of a reasonable notice period, and

    opportunities for hearing or grant of audience. Regarding service

    of notices, it is emphasized that the addresses provided in the

    registration certificate remains valid until amended and

    communicated to the relevant department. Therefore, the

    contention regarding defective service of notice is not tenable.

    Additionally, it is submitted that the petitioners have an efficacious

    alternative remedy as available under the Motor Vehicles Act,

    nevertheless in the petitions at hand, disputed questions of fact

    are involved and the writ Court ought not to entertain and

    adjudicate the same. Accordingly, it is prayed that these petitions

    should be dismissed at the threshold, due to the availability of an

    alternative efficacious remedy and the statutory conditions being

    complied with.

    7. Having heard the contentions made by the learned counsel

    for the parties, taking note of the material available on record in

    the lead petition, and the judgments cited at the Bar, this Court

    without going into the arena of disputed questions of facts and

    merits of the individual petitions, is of a view that the impugned

    orders (as assailed in the respective petitions), 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

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)
    [2026:RJ-JP:16118] (10 of 10) [CW-6869/2026]

    petitioners and their families. Howsoever, 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 24.04.2026, preferably

    in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed

    within a period of 15 days i.e. by 08.05.2026.

    8. Audience with respect to the same will be provided by

    competent authority on 15.05.2026. Adjudication of the same be

    carried out thereafter within a period of 15 days.

    9. 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.

    10. It is made clear that no prejudice will be caused to either

    side on account of passing of the present order.

    11. In the light of the same, the petitions are disposed of with

    aforementioned directions being granted. Pending applications, if

    any, stand disposed.

    (SAMEER JAIN),J

    DEEPAK /10, 12, 16-18

    (Uploaded on 21/04/2026 at 11:15:36 AM)
    (Downloaded on 23/04/2026 at 10:14:59 PM)

    Powered by TCPDF (www.tcpdf.org)



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here