Abhishek Yadav S/O Shri Kransingh Yadav vs. State Of Rajasthan

CW/5832/2026HC RajasthanGSTCNR RJHC02029864202630 March 2026Bench: GANESH RAM MEENA4 pages

AI SummaryRemanded

Facts

This case involves multiple petitioners who are owners of various vehicles, including Abhishek Yadav, Yadav Traders, Yagna Infra, Elite Construction, Aslam, M/s Amit Autowheels Pvt Ltd, and Sokeen. The respondents are various departments and officials of the State of Rajasthan, including the Transport Department and the Department of Mining and Geology. The core issue revolves around the suspension of the Registration Certificates (RCs) of the petitioners' vehicles. The petitioners argue that these vehicles are their primary source of livelihood. The present writ petition was filed challenging the impugned order suspending the RCs. The petitioners submit that the controversy has already been decided by a co-ordinate bench of the High Court in a previous case, Tofik Ahmed & Ors. Vs. State of Rajasthan & Ors.

Held

The Court held that the impugned order suspending the Registration Certificates (RCs) of the vehicles owned/possessed by the petitioners should be set aside. The reasoning provided is that these vehicles are the source of bread and butter for the petitioners and their families. This decision is based on the precedent established in the case of Tofik Ahmed & Ors. Vs. State of Rajasthan & Ors. The Court, without delving into disputed questions of fact and merits, found that the suspension of RCs was disproportionate given the circumstances. The revocation of the suspension is made conditional upon the petitioners and their counsel reporting to the notice issuing authority on April 10, 2026, between 11:00 AM and 01:00 PM, to submit their explanation. The competent authority is directed to provide an audience and adjudicate the matter within 15 days thereafter. The Court clarified that no prejudice would be caused to either side by this order. The present writ petition was disposed of with these directions.

Key Issues

1. Whether the suspension of the Registration Certificates (RCs) of the petitioners' vehicles, which are stated to be their source of livelihood, is justified, and if not, what relief can be granted? (Mixed question of law and fact, potentially touching upon principles of natural justice and proportionality). Petitioner's Contention: The petitioners argue that the suspension of their RCs is causing severe hardship as these vehicles are their sole means of earning a livelihood. They rely on the precedent set by the co-ordinate bench in Tofik Ahmed & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17894/2025), which dealt with a similar issue. Respondent's Contention: The learned counsel for the respondents-State agrees with the petitioners' submission and concedes that the present writ petition may be decided in light of the directions passed in the case of Tofik Ahmed & Ors. (supra). No specific arguments against the petitioners' claim or in defense of the impugned order were recorded.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[2026:RJ-JP:13429] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5832/2026 1. Abhishek Yadav S/o Shri Kransingh Yadav, Aged About 30 Years, R/o Dhani Shivlal Ki,ward No. 10, Beri, Tehsil Kotputli, Jaipur, (Rajasthan) Owner Of Vehicle Registration No. Rj32Gd0711. 2. Yadav Traders, Through Proprietor Jitendra Kumar S/o Shri Bulla Ram, R/o Main Alwar Bhiwadi Road, Thara, Tehsil Tijara, Alwar, (Rajasthan.) Owner Of Vehicle Registration No. Rj40Ga5050. 3. Yagna Infra, Through Proprietor Sandeep Mittal, R/o Gram- Chapra, Tehsil Pahadi, Panchayat Samiti Pahari, Bharatpur, (Rajasthan) Owner Of Vehicle Registration No. Rj05Gc0626. 4. Elite Construction, Through Proprietor Gyanander Yadav S/o Shri Mahaveer Singh, R/o A-73, Hasan Kha Mewati Nagar, Vijay Mandir Marg, Near Sgst Office, Alwar, (Rajasthan) Owner Of Vehicle Registration No. Rj02Gc5730. 5. Aslam S/o Shri Ashoo, R/o Lebra Lewra, Bharatpur, (Rajasthan.) Owner Of Vehicle Registration No. Rj05Gc0245. 6. M/s Amit Autowheels Pvt Ltd, Through Proprietor Juvaida, W/o Yusuf, R/o 153 Village Shyodaspur, Post Jahangirpur, Dilari, Muradabad, (Uttar Pradesh). Owner Of Vehicle Registration No. Up21Dt3142. 7. Sokeen S/o Shri Magru, R/o Kadarpur, Badshahpur, Gurgaon, (Haryana.) Owner Of Vehicle Registration No. Hr55Ak7695. ----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. [2026:RJ-JP:13429] (2 of 4) [CW-5832/2026] 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 Shahpura, District Jaipur, Rajasthan. 9. Regional Transport Officer, Rto Office Alwar, District Alwar, Rajasthan. 10. Regional Transport Officer, Rto Office Bharatpur, 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 For Petitioner(s) : Mr. Raj Kumar Saini For Respondent(s) : Mr. S.S. Naruka, AAG with Mr. Tanishq Aditya Parmar HON'BLE MR. JUSTICE GANESH RAM MEENA

Order 30/03/2026

Learned counsel for the petitioners submits that the controversy involved in the present writ petition has already been

[2026:RJ-JP:13429] (3 of 4) [CW-5832/2026] decided by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.17894/2025 (Tofik Ahmed & Ors. Vs. State of Rajasthan & Ors.) decided on 20.11.2025. 2. Learned counsel appearing for the respondents-State agrees and submits that the present writ may also be decided in the light of the directions passed in case of Tofik Ahmed & Ors. (supra).

Operative parts of the order dated 20.11.2025 passed by the Co-ordinate Bench of this Court are as follows :- “6. Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record in the petition, and the judgments cited at the Bar, this Court without going into the arena of disputed questions of facts and merits of the petition, is of a view that the impugned order, 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 petitioners and their families. However, 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 05.12.2025, preferably in-between 11:00 am to 01:00 pm. Thereafter, due reply be filed within a period of 15 days.

Audience with respect to the same will be provided by competent authority on 20.12.2025. Adjudication of the same be carried out thereafter within a period of 15 days.

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.

[2026:RJ-JP:13429] (4 of 4) [CW-5832/2026]

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

10.

In the light of the same, the present writ petition

stands

disposed

of with the aforementioned directions being granted. Pending applications, if any, stand disposed of.”

Accordingly, in view of the directions given in case of Tofik Ahmed & Ors. (supra), the present writ petition also stands disposed off as under:- (i) The impugned order whereby, the Registration

Certificate

of the vehicles owned/possessed by the petitioners are suspended, is set aside for the reason that the said vehicles are the source of bread and butter of the petitioners and their family. The aforesaid revocation shall only be effective subject to a condition that the petitioners alongwith their counsel concerned shall report to/before the notice issuing authority on 10.04.2026 preferably in between 11:00 AM to 01:00 PM and submit the explanation. (ii) Audience with respect to the same will be provided by competent authority and adjudication of the same be carried out thereafter within a period of 15 days.

Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /49

Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.