Mahipal S/O Likha Ram Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Mahipal S/O Likha Ram Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspensions of the registration certificates of the petitioners' vehicles set aside with the consent of the parties, subject to production of the vehicles for inspection of make and design by the Transport Department; petitioners directed to report before the respective DTOs on 06.02.2026, file replies within 15 days, with audience on 20.02.2026 and adjudication within 15 days thereafter; the question of service of pre-suspension notice kept open.

Issue for consideration

Whether the suspension of registration certificates of the petitioners' vehicles should be set aside, in circumstances where there is a serious dispute between the parties as to whether notice was served prior to the suspension (a question expressly kept open by the Court).

Court's answer

In view of the consensus between the parties, while keeping open the disputed question of service of notice prior to suspension, the suspensions of the registration certificates are set aside, as the vehicles are the source of livelihood for the petitioners and their families.

Ratio / Principle

The setting aside/revocation is conditional: the petitioners must produce their vehicles before the Transport Department, which will examine and inspect the vehicles' make and design; if any mechanical alteration or overloading is found, a detailed inventory shall be prepared and appropriate orders passed strictly in accordance with law.

Key takeaways

The arrangement is valid only for carrying the vehicles to the respective DTO office for verification/inspection and does not authorise the vehicles to ply on the road for any other purpose.ratio¶32
The petitioners, along with their vehicles, shall report before the respective DTO who passed the suspension order on 06.02.2026, preferably between 11:00 A.M. and 01:00 P.M., and shall file their due reply within 15 days thereafter.ratio¶38
The competent authority shall provide audience on 20.02.2026, and adjudication shall be carried out thereafter within a period of 15 days.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Maneesh Sharma, J.) disposed of a writ petition by three vehicle owners/operators challenging suspension of their vehicles' registration certificates ordered by respective District Transport Officers. Noting that learned counsel for both parties agreed the controversy was squarely covered by Co-ordinate Bench judgments in Kanwar Singh & Ors. Vs. State of Rajasthan & Ors. (S.B. C.W.P. No.9721/2025) and Mustak & Ors. Vs. State of Rajasthan & Ors. (S.B. C.W.P. No.20073/2025), and that the parties were ad idem, the Court, while expressly keeping open the seriously disputed question whether notice had been served prior to suspension, set aside the suspensions on the ground that the vehicles were the source of livelihood of the petitioners and their families. The setting aside was made conditional: the petitioners must produce their vehicles before the Transport Department for examination of make and design; if mechanical alteration or overloading is found, a detailed inventory is to be prepared and appropriate orders passed strictly in accordance with law. The interim arrangement permits movement of the vehicles only to the respective DTO offices; petitioners are to report before the DTOs who passed the suspension orders on 06.02.2026 (11:00 A.M.-01:00 P.M.), file replies within 15 days; audience fixed for 20.02.2026 with adjudication within 15 days thereafter. Petition and pending applications disposed of accordingly.

[2026:RJ-JP:3118]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 529/2026

Mahipal S/o Likha Ram, Aged About 43 Years, R/o Ward No.1, Chak 23 Dwd Near Govt. School Rawatsar, District Hanumangarh (Vehicle No. RJ31-GC-0060)

Satyam Industries, Dhanasar Kanchi, Chak-6, KDD, Pallu Road, Rawatsar District Hanmangarh Through Proprietor Ravi Prakash Kaswan S/o Shishupal Singh Kaswan R/o Ward No.21, Sanjay Colony, Rawatsar, District Hanumangarh (Vehicle No. RJ49-GB-2199)

Satyam Plaster Trading, Village Baramsar Main Road, Khasara No. 314/13, Pallu Road, Baramsar, District Hanumangarh, Through Proprietor Virendra Kumar S/o Ranjeet Singh, R/o Ward No.21, Sanjay Basti, Rawatsar, District Hanumangarh (Vehicle No. RJ31-GC-2199 And RJ13-GD2199)

----Petitioners

Versus

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

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

Regional Transport Officer, Sikar

Regional Transport Officer, Bikaner.

Regional Transport Officer, Hanumangarh.

Regional Transport Officer, Jaisalmer.

Regional Transport Officer, Ganganagar

District Transport Officer, Jhunjhunu

District Transport Officer, Shriganagar.

District Transport Officer, Bikaner.

District Transport Officer, Jaisalmer.

District Transport Officer, Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Vijay Punia For Respondent(s) : Mr. S. S. Naruka, AAG

(2 of 3)

[2026:RJ-JP:3118]

[CW-529/2026]

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

23/01/2026

Learned counsel for both the parties are in agreement that the controversy involved in the present matter is squarely covered by the judgments passed by the Co-ordinate Benches of this Court in the matters of Kanwar Singh & Ors. Vs. State of Rajasthan & Ors.¹ and Mustak & Ors. Vs. State of Rajasthan & Ors .²

In view of the consensus arrived at between the parties, since there is serious dispute about the service of notice prior to suspension of registration certificates, as the petitioners deny the services, whereas the respondents claim due service of notice. Be that as it may, while keeping the said issue open, with the consent of the parties, the suspensions are set aside, as the said vehicles is the source of bread and butter for the petitioners and their families.

However, the aforementioned setting aside/revocation shall only be effective subject to the condition that the petitioners will produce their vehicles before the Transport Department, who will examine and inspect the vehicles’ make and design; and in case any mechanical alteration or overloading is found, a detailed inventory shall be prepared and appropriate orders shall be passed strictly in accordance with law.

This arrangement shall be valid only for carrying the vehicles to the respective office of DTO for the aforesaid verification/ inspection and shall not authorize the vehicles to ply on the road for any other purpose.

1 S.B. C.W.P. No.9721/2025

2 S.B. C.W.P. No.20073/2025

[2026:RJ-JP:3118]

[CW-529/2026]

(3 of 3)

The petitioners, along with their vehicles concerned, shall report to/ before the respective DTO who passed the order of suspension of registration of the subject vehicle, on 06.02.2026, preferably between 11:00 A.M. to 01:00 P.M. Thereafter, due reply shall be filed within a period of 15 days by the petitioners.

Audience with respect to the same will be provided by the competent authority on 20.02.2026. Adjudication of the same shall be carried out thereafter within a period of 15 days.

With the aforesaid observations and directions, the present writ petition stands disposed of.

Any other pending application(s), if any, also stand(s) disposed of.

(MANEESH SHARMA),J

Seema/31