The court emphasizes regulatory compliance for operational legitimacy of businesses affecting public safety and traffic management.

Order

04/08/2025

1. This public interest litigation is initially concerned with the following issues, which is specifically referred to in the order dated

6.2.2018 which reads as under:-

“In this matter, on 05.10.2010, following directions were given to the RTO and other departments of Administration which reads as under:-

(1) It shall be ascertained how many car bazaar shops are being operated in Jodhpur city.

(2) Whether these car bazaar shops are having shop registration in their name or not.

(3) Whether for the place where they line up the vehicles showing the same for sale any permission is sought and obtained from the Nagar Nigam, Jodhpur to pursue the business on the road because due to putting the vehicles on the road-side it is generating bit traffic hazard.

(4) Whether the owners of car bazaar shops are maintaining register of the vehicles which come for sale and whether the original documents of the vehicles are got verified from the concerned Transport Officer prior to the sale.

Further, it is directed that if any car-bazar shopkeeper is not possessing any permission to sell cars, then, Superintendent of Police, Jodhpur shall remove the vehicles lying in front of such shops on the road for sale and ensure that no vehicle shall be put upon the public way without legal permission of the Administration.”

Further on 19.10.2010, again certain directions were issued in public interest which reads as under:-

“In this view of the matter, while exercising power under Section 482 CrPC , Superintendent of Police, Jodhpur, District Collector, Jodhpur, Regional Transport Officer, Jodhpur and Chief Executive Officer, Municipal Corporation Jodhpur and Deputy Commissioner, Commercial Taxes, Jodhpur are directed to comply with the directions to stop illegal shops of such car-bazar and they shall not allow such car-bazar shop keepers who sell the vehicles using the public way or pavement area along the road for the purpose of selling cars and two-

wheelers.

Further, the commercial Taxes Department shall ensure whether the shopkeeper has obtained license issued by the Commercial Taxes Department.

The investigating officer shall send list of car-bazar shops to the Commercial Taxes Department, Jodhpur Regional Transport Officer, Jodhpur and Municipal Corporation, Jodhpur and upon receiving the list from the office of the Superintendent of Police, Jodhpur, they shall ensure compliance of following directions:-

(1) No car-bazar shop shall be allowed to pursue business of selling old four-wheelers and two-wheelers without any registration under the Rajasthan Shops & Commercial Establishment Act, 1958 and Rajasthan Shops & Commercial Establishment Rules,1959.

(2) No car-bazar shop shall be allowed to sell old cars and motor-cycles/scooters on the public way and no permission shall be granted by the Municipal Corporation for selling the vehicles on the public way. Permission shall be granted only to those shopkeepers who are having their own premises for putting up the vehicles for sale.

(3) It shall be ensured by the concerned Police Station whether the owners of these carbazar shops are maintaining register of vehicles which are being sold in the shop and further ensure that such shopkeeper first gets verification of the documents from the concerned Transport Authority where the vehicle is registered and, before verification, shall not sell the vehicle. The shopkeepers shall be directed to sent the list of all the vehicles including cars and motor-cycles/scooters to the Regional Transport Authority, Jodhpur every month and if the above information will not be given, then,proper action shall be taken against the erring car-bazar shopkeeper by the Transport authority.

(4) The owners of car-bazar shops will not create hurdles and traffic hazard on the