HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3576/2026 Chakarwarty Singh Tanwar S/o Rajendra Singh Khetasar, Aged About 22 Years, 36/64, Hanuwant Vihar, Circuit House Road, Jodhpur, Raj. ----Petitioner Versus

1. State Of Rajasthan, The Secretary, Transport And Road Safety Department, Government Of Rajasthan, Secretariat, Jaipur.

2. District Transport Officer, Salumber.

----Respondents For Petitioner(s) : Mr. Muktesh Maheshwari Mr. Yuvraj Singh Mertiya For Respondent(s) : -

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/02/2026

1. Learned counsel for the petitioner submitted that the petitioner had purchased a vehicle, namely a Premier Padmini, in the year 2022 and, after due compliance with the applicable rules, got the vehicle transferred in his name. A valid Certificate of Registration bearing registration No. RNJ-1000 was issued in his favour by the RTO Department.

2. Learned counsel further submitted that in the year 2024, the petitioner purchased another vehicle, namely a Volkswagen Virtus, in his own name and, after complying with all requisite formalities, made a request to the RTO Authority for swapping the registration number of his Premier Padmini car, i.e., RNJ-1000, to the newly purchased vehicle.

3. The request so made on behalf of the petitioner was accepted and, consequently, registration No. RNJ-1000 was assigned to the Volkswagen Virtus car, whereas the Premier Padmini car owned by the petitioner was allotted a new registration No. RJ58CA0538.

4. Learned counsel further submitted that after some time, the petitioner scrapped the Premier Padmini car as it was in a dilapidated condition. It was submitted that the RTO Officer, Salumber, vide notice dated 26.12.2025 (Annexure-5), has directed the petitioner to produce both the vehicles along with relevant documents for verification, failing which proceedings under Section 55(5) of the Motor Vehicles Act, 1988 shall be initiated for cancellation of the certificates of registration pertaining to the Premier Padmini car as well as the Volkswagen Virtus car.

5. Learned counsel submitted that since the Premier Padmini car owned by the petitioner has already been scrapped, the petitioner has no objection if the registration number allotted to that vehicle is cancelled.

6. However, it was contended that without holding a proper inquiry and without arriving at a conclusion that the registration was obtained by the petitioner by playing fraud or by misrepresentation of facts, the respondents cannot be permitted to initiate action against him under Section 55(5) of the Motor Vehicles Act, 1988.

7. The matter requires consideration.

8. Issue notice. Issue notice of the stay application as well. 9. In the meanwhile and till the next date of hearing, the effect and operation of the impugned notice dated 26.12.2025 (Annexure-5) issued by the RTO Officer, Salumber against the petitioner shall remain stayed. The respondents shall not initiate or proceed with any action for cancellation of registration No. RNJ-

1000 assigned to the petitioner in the year 2024.

(KULDEEP MATHUR),J

42-sonia/-