Disposed

Jai Bhagwan S/O Lekhraj v. State of Rajasthan

Rajasthan HC9 Sept 2025CW/13552/2025

Case brief

AI extract

What is this about?

Truck owners challenged suspension of their vehicles' Registration Certificates by Rajasthan transport authorities for alleged overloading based only on Mining Department reports, without proper notice or hearing. The court set aside the suspensions as interim relief, directing petitioners to appear before authorities, who must reply, hear and adjudicate within fixed timelines, then disposed of th

What the court decided

AI extract

Jai Bhagwan S/O Lekhraj Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2025)

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[2025:RJ-JP:36203]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13552/2025

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Jai Bhagwan S/o Lekhraj, Aged About 37 Years, R/o Faridpur (99) Faridpur Faridabad Hr. Owner Of Truck No. Hr.38.af.8343.

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Deepak S/o Tejpal, Aged About 40 Years, R/o 141, Gm Bad, Pali (13) Faridabad Hr. Owner Of Truck No.hr.38.af.3311.

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Shiv Shankar S/o Vijay Pal, Aged About 32 Years, R/o Village- Bhainsrawali, Tessil- Ballabgarh, Bhainsrawali, Faridabad Hr. Owner Of Truck No. Hr.38.ah.0031.

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Tilak Raj Enterprises, Through Prop Its Tilak S/o Hariya Aged About 57 Year R/o House No. 29, Gaon Gothra, Pali, Mohatabad, Faridabad, Hr- Owner Of Truck No. Hr.38.ah.0059.

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----Petitioners

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Versus

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

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Regional Transport Office, Sikar.

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Regional Transport Officer, Alwar.

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District Transport Officer Kotputali, District Jaipur.

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Regional Transport Office, Bharatpur.

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----Respondents

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Connected with

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S.B. Civil Writ Petition No. 13559/2025

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Safi Mohammad S/o Rahima, Aged About 58 Years, R/o Gopal Sagar Masuda Ajmer, Raj. Owner Of Truck No. Rj.01.gb.6131

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Jamshed Khan S/o Jan Mohd., Aged About 27 Years, R/o H No. 39/2 Rubad Mohalla Doj 17 Faridabad Hr. Owner Of Truck No. Hr.38.ac.7111

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M/s B K Enterprises, Through Its Proprietor Bahadur Kathat S/o Sawara, Vill - Bagto Ka Badiya Gopal Sagar, Tehsil Masuda, Kharwa, Ajmer, Raj. Owner Of Truck No. Rj.36.ga.9225

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----Petitioners

Versus

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

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Regional Transport Office, Sikar.

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Regional Transport Officer, Alwar.

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District Transport Officer, Kotputali District Jaipur.

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Regional Transport Office, Kekri.

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Regional Transport Office, Beawar.

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Regional Transport Office, Ajmer.

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----Respondents

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S.B. Civil Writ Petition No. 13645/2025

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Mahlawat Traders, Through Proprietor Pritam S/o Shri Ami Lal Aged About 36 Years, R/o N.h.8, Saban Chock, Bawal, Rewari, (Haryana) Owner Of Vehicle Registration No. Hr47E0388. Hr47E3570. Hr47E7403. And Hr47E9483.

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Akhil Transport Company, Through Proprietor Manoj S/o Shri Janarandhan Kasana, R/o Babedi, Tehsil Bansur, Alwar, (Raj.) Owner Of Vehicle Registration No. Rj32Ge0056.

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Uday Singh S/o Shri Ami Lal, R/o Vpo Bawal, Rewari, (Haryana) Owner Of Vehicle Registration No. Hr47C9641.

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Mahlawat Building Material Supplier, Through Proprietor Uday Singh S/o Shri Ami Lal, R/o Pranpura Road, Near Bus Stand, Bawal, Rewari, (Haryana) Owner Of Vehicle Registration No. Hr47E3606

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----Petitioners

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur, Rajasthan.

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

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

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----Respondents

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S.B. Civil Writ Petition No. 13646/2025

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Mukesh S/o Shri Hari Singh, Aged About 45 Years, R/o Nagal Durgu (260), Narnaul, Mahendragarh, (Haryana.) Owner Of Vehicle Registration No. Rj32Gd0167.

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Akhil Transport Company, Through Proprietor Manoj S/o Shri Janaradhan Kasana, R/o Shop No. 01, Near Dabla Road, Nareda, Kotputli, Jaipur, (Raj.) Owner Of Vehicle Registration No Rj32Gd5050. Rj32Gd5051. And Rj32Gd5420.

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Ladi Motors, Through Proprietor Roshan Lal S/o Shri Suraj Bhan Gurjar, R/o Amai, Kotputli, Jaipur, (Raj.) Owner Of Vehicle Registration No. Rj32Gd4515.

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----Petitioners

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur, Rajasthan.

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

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----Respondents

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S.B. Civil Writ Petition No. 13654/2025

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Sandeep Choudhary S/o Dharmveer Choudhary, Aged About 42 Years, R/o W No 22 Adarsh Colony Chirawa

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[2025:RJ-JP:36203]

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Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gc3615.

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Jitendra Singh S/o Dariya Singh, R/o Kakoda Sujangarh Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gc5376.

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Mahendra Singh S/o Buja Ram, R/o Near Samudayak Bhawan Ward No 21 Chirawa Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gc1491 And Rj18Gc3616.

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M/s Mechu Building Materials Supplier, Registered Address- Village Kulhot Kalan Teh Surajgarh Jhunjhunu, (Rajasthan). Through Proprietor Pradeep Kumar S/o Surajbhan R/o Kalan Teh Surajgarh Jhunjhunu, (Rajasthan). Owner Of Vehicles Registration No. Rj18Gb6019.

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----Petitioners

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

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

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

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District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

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----Respondents

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S.B. Civil Writ Petition No. 13657/2025

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Kamlesh Kumar S/o Jhabar Mal, Aged About 30 Years, R/o Jalasar Sikar, Rajasthan. Registered Owner Of Vehicle Registration No. Rj23Gd7220.

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M/s Thalor Construction Company, Registered Address-

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01 Khuri Badi Khuri Chhoti Sikar, (Rajasthan) Through Proprietor Harlal Thalor S/o Sewa Ram Thalor R/o 130, Mohalla Jatan Khudi Chhoti Teh Laxamangarh Sikar, (Rajasthan) Owner Of Vehicles Registration No. Rj23Gc6300 And Rj23Gc5814.

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Harlal Thalor S/o Sewa Ram Thalor, R/o 130 Mohalla Jatan Khudi Chhoti Teh Laxmangarh Sikar,jalasar Sikar, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj23Gb6274.

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Wahid Mugal S/o Sikandar, R/o Ward No 12, Near Police Station Malsisar Jhunjhunu, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj18Gc6436 And Rj18Gc5053.

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Manoj Kasana S/o Janardhan, R/o Near Dabla Road Shop No 01 130 Nareda Kotputli Jaipur, (Rajasthan). Registered Owner Of Vehicle Registration No. Rj32Gd5419.

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----Petitioners

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

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

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

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District Transport Officer, Dto Office Sujangarh, District Churu. (Rajasthan).

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District Transport Officer, Dto Office Kotputali, District Kotputali-Behror. (Rajasthan).

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----Respondents

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S.B. Civil Writ Petition No. 13871/2025

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[CW-13552/2025]

Shovi Khan S/o Qalway Ali Khan, Aged About 34 Years, R/o Village Banwara Majhra, Post Bhaisiya, Barwara Mazra Moradabad, Uttar Pradesh, Registered Owner Of Vehicle Registration No. Up-21-Ct-1907

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----Petitioner

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Versus

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State Of Rajasthan, Transport Department Of Rajasthan, Secretariat, Jaipur, Rajasthan Through Secretary.

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Department Of Mining And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan, Through Joint Secretary.

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Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

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District Transport Officer, Dto Office Kotputli, District Kotputli Behror (Rajasthan)

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----Respondents

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For Petitioner(s) : Ms. Jamasi, Adv. Mr. Raj Kumar Saini, Adv. Mr. Surjeet Singh, Adv. Mr. Hemant Singh Shekhawat, Adv. For Respondent(s) : Mr. S.S. Naruka, AAG

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HON'BLE MR. JUSTICE SAMEER JAIN Judgment

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09/09/2025

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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

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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 aforementioned, hefty penalties were imposed upon the petitioners for alleged overloading, merely on the basis of thirdparty evidence, such as reports from the Mining Department, without conducting physical verification.

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Learned counsel has relied upon the provisions of Sections 53, 113, 114, and 194 of the Motor Vehicles Act, 1988, 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.

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In this regard and to substantiate the contentions made insofar learned counsel has placed reliance on the judgment of Coordinate Bench of this Court passed on 28.07.2025 in SBCWP No.9721/2025 titled as Kanwar Singh and Ors. Vs. State of

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Rajasthan and Ors.

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Per contra , the learned Additional Advocate General, Mr. S.S. Naruka has submitted that as per the software and information

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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 after adhering with the due procedure within the prescribed upper limit, appropriate proceedings are initiated.

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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.

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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

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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 petitioner 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. 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 16.09.2025 preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days.

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Audience with respect to the same will be provided by competent authority 16.10.2025. Adjudication of the same be carried out thereafter within a period of 15 days i.e. 01.11.2025.

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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.

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It is made clear that no prejudice will be caused to either side on account of passing of the present order.

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In the light of the same, the petitions are disposed of with aforementioned directions being granted. Pending applications, if any, stand disposed.

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(SAMEER JAIN),J

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CHANDAN /13,15,16,17,18,19,186

Jai Bhagwan S/O Lekhraj v. State of Rajasthan

Case brief

What is this about?

What the court decided

Jai Bhagwan S/O Lekhraj v. State of Rajasthan

Case brief

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