Yaksh Construction Company Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Yaksh Construction Company Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the registration certificates of the petitioner's vehicles set aside by consent, subject to conditions: production and inspection of the vehicles before the Transport Department/DTO (inventory and orders in accordance with law if mechanical alteration or overloading is found); vehicle to be moved only to the DTO office for inspection; petitioner to report before the respective DTO on 03.02.2026 (11:00 A.M.-01:00 P.M.) and file reply within 15 days; audience on 17.02.2026 with adjudication within 15 days thereafter. Question of service of notice prior to suspension left open.

Issue for consideration

Whether the suspension of the registration certificates of the petitioner's vehicles was valid, in particular whether due notice was served prior to suspension (question expressly kept open by consent).

Court's answer

With the consent of the parties, and while keeping open the disputed question of service of notice prior to suspension, the suspensions of the registration certificates are set aside, the vehicle being the source of bread and butter for the petitioner and his family.

Ratio / Principle

The setting aside/revocation is effective only subject to the condition that the petitioner produces the vehicle before the Transport Department for examination and inspection of its 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 vehicle to the respective DTO office for verification/inspection and does not authorize the vehicle to ply on the road for any other purpose.ratio¶24
The petitioner, along with the vehicle concerned, shall report before the respective DTO who passed the suspension order on 03.02.2026, preferably between 11:00 A.M. to 01:00 P.M., and shall file its reply within a period of 15 days.ratio¶24

Detailed headnote1 paragraphs

Writ petition (S.B. Civil Writ Petition No. 821/2026, High Court of Rajasthan, Jaipur Bench, Maneesh Sharma, J., order dated 20/01/2026) by Yaksh Construction Company, registered owner of vehicles RJ 18 GD 4290 and RJ18GC7293, whose registration certificates were suspended by the DTOs. Both sides agreed the controversy was squarely covered by Co-ordinate Bench decisions in Kanwar Singh & Ors. v. State of Rajasthan & Ors. (S.B. C.W.P. No.9721/2025) and Mustak & Ors. v. State of Rajasthan & Ors. (S.B. C.W.P. No.20073/2025). While the parties disputed whether notice had been served prior to suspension, the Court, with consent and expressly keeping that issue open, set aside the suspensions on the ground that the vehicle was the petitioner's source of livelihood. The relief was made conditional: the petitioner must produce the vehicles before the Transport Department for inspection 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 vehicles may be moved only to the respective DTO office for verification/inspection and not plied otherwise. Petitioner to report before the respective DTO on 03.02.2026 (11:00 A.M.-01:00 P.M.) and file a reply within 15 days; audience fixed for 17.02.2026 with adjudication within 15 days thereafter. Petition and pending applications disposed of.

[2026:RJ-JP:2412]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 821/2026

Yaksh Construction Company, Through Its Proprietor Sanjay Kumar Son Of Shri Devkaran Singh, Aged About 36 Years, Resident Of Ward No. 1, Meelon Ka Bas, Nawalgarh, Jhunjhunu, Rajasthan Registered Owner Of Vehicle Registration No. RJ 18 GD 4290 And Rj18Gc7293.

----Petitioner

Versus

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

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

Commissioner, Transport Department, Government Of Rajasthan, Jaipur.

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

District Transport Officer, Jhunjhunu, District Jhunjhunu (Raj.)

----Respondents

For Petitioner(s)	: Mr. Anil Kumar
For Respondent(s)	: Mr. Sachin Singh Rathore, AAAG on
	behalf of Mr. S. S. Naruka,AAG

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

20/01/2026

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

(2 of 3)

[2026:RJ-JP:2412]

[CW-821/2026]

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 petitioner deny the service, 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 vehicle is the source of bread and butter for the petitioner and his family.

However, the aforementioned setting aside/revocation shall only be effective subject to the condition that the petitioner will produce his vehicle before the Transport Department, who will examine and inspect the vehicle’s 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 vehicle to the respective office of DTO for the aforesaid verification/ inspection and shall not authorize the vehicle to ply on the road for any other purpose. 5. The petitioner, along with his vehicle concerned, shall report to/ before the respective DTO who passed the order of suspension of registration of the subject vehicle, on 03.02.2026, 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 petitioner.

1 S.B. C.W.P. No.9721/2025 2 S.B. C.W.P. No.20073/2025

[2026:RJ-JP:2412]

[CW-821/2026]

(3 of 3)

Audience with respect to the same will be provided by the competent authority on 17.02.2026. 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/46