Rahul Gehlot, S/o. Shiv Ram Gehlot v. State Of Rajasthan, Through Its Secretary Department Of Transport
2025-12-08
GANESH RAM MEENA
body2025
DigiLaw.ai
ORDER : GANESH RAM MEENA, J. 1. All these petitions involve a common question/dispute and therefore, all are being decided by this common order. 2. All the petitioners are the bonafide purchasers of the vehicles from their original registered owners or subsequent purchasers and now, the registration of vehicles is in their name by the registering authority. 3. The respondent-transport department has issued separate notices to the petitioners that the vehicles in question now registered in the name of the petitioners alleged to have been not manufactured by the registered manufacturing company and the engine no. and chasis no. of their vehicle are not be genuine one. In the notice, the respondents have also stated that the petitioners have to give explanation and if the explanation is not found to be satisfactory, the respondent-registration of the vehicle can be cancelled invoking the powers given under Section 55 (5) of the Motor Vehicles Act, 1988. 4. After a length of arguments, counsel appearing for the respondents, so as to resolve the issue, on instructions from the department, fairly states that the petitioners may submit a detailed representation giving out their credentials as regards the purchase and registration of their vehicles by the registering authority and after receiving their representation, the department taking into consideration the facts stated in the representation submitted by the petitioners and the record available with them and after making a due verification from the earlier registering authorities, shall conduct an inquiry and on the basis of the conclusion of that inquiry, if something substantial is found to take action against the petitioners, they will issue an appropriate show cause notice and thereafter, proceed in accordance with the law. 5. Counsels for the petitioners also with fairness and to put an end to the issue accepted the proposal of the counsel for the respondent and state that all the petitioners will submit their representations to the respondent-transport department within a period of four weeks from today. 6. In view of the proposal made by the respondent-department and so also the submissions made by the counsel for the petitioners, the Court deems just and proper to dispose the writ petitions as under. i. The petitioners shall submit their representation within a period of four weeks from today to the respective registration authority giving out the complete details as regards their purchase and registration of their vehicle.
i. The petitioners shall submit their representation within a period of four weeks from today to the respective registration authority giving out the complete details as regards their purchase and registration of their vehicle. If no such representation is filed within given time, this order will render ineffective qua such petitioner and the impugned notice will got revived automatically. ii. On receiving the representation from the petitioners, the respondent authorities shall after taking into consideration the averments made in the representation, the record available with them in respect of the vehicles in question and after due verification from the earlier registering authorities of the vehicle, shall make an inquiry as regards the allegations against the petitioners. iii. On making an inquiry, if the respondent authorities found some substance in the allegations against the petitioners, they shall issue a show cause notice to the petitioners giving out the details and the basis of allegations. iv. After issuing the notices, the respondents shall proceed in the matter strictly in accordance with the law and pass appropriate orders. v. Till issuance of the final orders by the respondent authorities after completion of the process as observed above, no coercive shall be taken against the petitioners and all notices/orders as regards the cancellation or suspension of the registration certificates issued by now, shall stand quashed qua the petitioners. vi. It is also made clear that the petitioners shall not transfer/sell the vehicles in question to any other third party till final orders are passed by the respondent authority and in the meantime, all regular fitness, renewal, insurance, permit, etc., shall continue as like a normal case. vii. It is also made clear that this order will not come in any way in investigation of any criminal case registered in this regard. 7. All the petitions stand disposed of accordingly. 8. All pending applications, if any, shall disposed of.