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2026 Supreme(Online)(Raj) 7709

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, SUNIL BENIWAL
M/S TARA CHAND INFRA LOGISTIC SOLUTIONS LTD. – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 5799 / 2026



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 5799/2026 M/s Tara Chand Infra Logistic Solutions Ltd., Having Its Office At Site Sector 10E, Kharghar, Tajola Link Rd, Roadpali, Kalamboli, Navi Mumbai, Maharashtra Through Its Authorized Signatory Ms. Amanpreet Kaur Rehal D/o Baljit Singh, Aged About 35 Years, R/

o Mohali, Punjab.

----Petitioner Versus

1. State of Rajasthan, Through Transport Commissioner, Transport And Road Safety Department, Government Of Rajasthan, Secretariat, Jaipur

2. The Joint Secretary, Department Of Transport And Road Safety, Government Secretariat, Jaipur, Rajasthan.

3. District Transport Officer Cum Taxation Officer, Jaisalmer (Raj).

4. Regional Transport Officer, Jodhpur (Raj).

----Respondents For Petitioner(s) : Mr. Muktesh Maheshwari Mr. Siddharth Mewara For Respondent(s) : Mr. Deepak Chandak HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

17/03/2026

1. Learned counsel for the petitioner, inter alia, contends that it has never been the intent of the petitioner to evade any liability arising out of road tax qua the vehicles in question. Same are being used for commercial purposes, and any default thereof is rather self defeating since it would result in seizure of the vehicles, resulting in halt of the business operations carried out by the company which is engaged in heavy construction business of buildings and other infrastructure.

2. He would submit that the road tax of the vehicles in question was all throughout duly paid right upto Jan-Feb, 2026. He would point out that the representative of the petitioner – Company had tried to deposit further road tax through the online portal of the respondents, but due to certain internet issues and / or software issues involved at the end of the respondents, the electronic remittance of the tax could not be carried out.

3. He would also submit that the original road tax demand for both the vehicles are Rs.60,563/- and Rs.77,563/- respectively and owing to the circumstances beyond control i.e. the technical glitch / software issues, petitioner was unable to electronically transfer the money. Vide impugned notices dated 26.02.2026, the penalty of an amount equivalent to 15 times the original road tax demand is proposed to be imposed by the Taxation Officer / District Transport Officer, Jaisalmer. When the representative of the petitioner - Company tried to reason out the arbitrariness and the recalling of the impugned notices by dropping the penalty, the vehicles in questions were seized by the respondents. Thus, bringing the business operation of the company at halt, including the loss of livelihood to those who were engaged in carrying out the same.

4. Issue notice. Mr. Deepak Chandak, learned counsel accepts notice on behalf of the respondent and seeks two weeks’ time to file reply. May do so.

5. Post the matter on 02.04.2026.

6. In the meanwhile, instead of 15 times, upon a deposit of 4 times the original tax demand qua both the vehicles i.e. (60,563 x 4) + (77,563 x 4) = Rs.5,52,504/-, within a period of two weeks, the vehicles in question will be released subject to the further orders to be passed upon filing of the reply.

(SUNIL BENIWAL),J (ARUN MONGA),J

82-amar/-

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