[2026:RJ-JD:5957]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 21419/2025 Kiran Devi W/o Shri Kishore Singh, Aged About 43 Years, Resident Of 101, Balaji Mandir Ke Niche, Masuria, Jodhpur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary, Transport Department, Govt. Of Rajasthan, Jaipur.

2. The Transport Commissioner, Transport Department, Govt. Of Rajasthan, Jaipur.

3. The District Transport Officer And Registering Authority, Jodhpur.

----Respondents For Petitioner(s) : Mr. Kunal Bishnoi For Respondent(s) : Mr. Deepak Chandak for Mr. BL Bhati, AAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/02/2026 By way of filing the present civil writ petition, the petitioner has prayed for the following reliefs:-

Therefore, it is respectfully prayed that the writ petition filed by the petitioner may kindly be allowed and by an appropriate writ, order or direction:

(i) Direct the respondent District Transport Officer, Jodhpur, to issue the Certificate of Registration (Form 23) for the petitioner's CNG Auto Rickshaw bearing Registration No. RJ-

19-PC-5441 forthwith;

(ii)Direct the respondents to upload the registration details of the petitioner's vehicle on the VAHAN portal without any further delay;

(iii) Direct the respondents to grant the necessary rural permit to the petitioner's CNG Auto Rickshaw in accordance with law;

(iv) Declare that no permit is required for vehicles having a seating capacity up to 9+ 1, in terms of Rule 5.5A of the Rajasthan Motor Vehicles Rules, 1990;

(v) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case, may kindly be granted”

2. Learned counsel for the petitioner submitted that the petitioner purchased a CNG auto rickshaw bearing Chassis No. MD2B17AX6RWJ50841 on 10.02.2025 from a private auto agency. At the time of sale, the said agency directed the petitioner to deposit road tax, registration fee, and other prescribed fees for issuance of the Registration Certificate (RC).

3. Learned counsel further submitted that as per Rules 47 and 48 of the Central Motor Vehicles Rules, 1989, it is mandatory that upon receipt of an application for registration of a motor vehicle, the registering authority shall issue a certificate of registration in Form-23 within a period of seven days from the date of receipt of such application. It was contended that despite fulfillment of all formalities and statutory requirements by the petitioner for issuance of the Registration Certificate (RC), the authorities of the Transport Department have failed to issue the RC without any valid reason or justification.

4. Learned counsel for the respondents submitted that although it is true that the application for issuance of Registration Certificate (RC) in respect of the auto rickshaw in question is pending with the department and that Registration No. RJ-19-PC- 5441 has already been allotted to the vehicle through the VAHAN portal, however, the fact remains that in Jodhpur city more than the sanctioned number of vehicles are plying. It was further submitted that auto dealers sell vehicles without proper verification of relevant factors such as the purpose of purchase and availability of permanent parking space. However, upon a specific query made by this Court as to whether under Rules 47 and 48 of the Central Motor Vehicles Rules, 1989 it is mandatory for the registering authority to issue a certificate of registration within seven days from the receipt of a complete application, learned counsel for the respondents was unable to furnish any reply or justification for the delay caused in the present case.

5. Heard.

6. Having heard learned counsel for the parties and having perused the relevant provisions, this Court is of the considered opinion that once an application for registration of a vehicle is submitted after its sale, fulfills all statutory requirements, and a registration number has been allotted, it is obligatory upon