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2026 Supreme(Online)(Raj) 12168
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J
TAMACHI KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Civil Writ Petition No. 8251/2026
For the Appellants/Petitioners: Himanshu Soni
For the Respondents: Sandeep Soni
The court held that before cancelling vehicle registration under the Motor Vehicles Act due to suspected non-genuine engine/chassis numbers, the authority must conduct a proper inquiry based on the owner's representation and issue a show cause notice if substantial evidence is found.
Headnote:(A) Vehicle Registration - Cancellation of Registration - Due Process - Cancellation of registration under Section 55(5) of the Motor Vehicles Act requires a fair inquiry and issuance of a show cause notice if allegations of non-genuine chassis/engine numbers are found to have substance after considering the purchaser's representation. (Para 4, 6)
Issues: Whether the registration of the vehicle can be cancelled without conducting a proper inquiry into the genuineness of the vehicle's engine and chassis numbers.
| Table of Content |
|---|
| 1. facts regarding vehicle registration and notices alleging non-genuine engine and chassis numbers. (Para 1 , 3) |
| 2. agreement between parties to resolve the dispute through a formal representation and subsequent inquiry. (Para 5) |
| 3. court directions for a fair inquiry, issuance of show cause notice, and interim protection against coercive action. (Para 6) |
| 4. formal disposal of the stay petition and pending applications. (Para 7) |
Order
1. The petitioner is the bonafide purchaser of the vehicle from the original registered owner or subsequent purchaser(s) and now, the registration of vehicle is in his name by the registering authority.
3. The respondent-transport department has issued separate notices to the petitioner that the vehicle in question now registered in the name of the petitioner alleged to have been not manufactured by the registered manufacturing company and the engine no. and chasis no. of his vehicle are not be genuine one. In the notice, the respondents have also stated that the petitioner has 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 petitioner may submit a detailed representation giving out his credentials as regards the purchase and registration of his vehicle by the registering authority and after receiving his representation, the department taking into consideration the facts stated in the representation submitted by the petitioner 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 petitioner, they will issue an appropriate show cause notice and thereafter, proceed in accordance with the law.
5. Counsel for the petitioner 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 petitioner will submit his representation 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 petitioner, the Court deems just and proper to dispose the writ petition as under.
i. The petitioner shall submit his representation within a period of four weeks from today to the respective registration authority giving out the complete details as regards his purchase and registration of his 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 petitioner, the respondent authorities shall after taking into consideration the averments made in the representation, the record available with them in respect of the vehicle in question and after due verification from the earlier registering authorities of the vehicle, shall make an inquiry as regards the allegations against the petitioner.
iii. On making an inquiry, if the respondent authorities found some substance in the allegations against the petitioner, they shall issue a show cause notice to the petitioner 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 petitioner and all notices/orders as regards the cancellation or suspension of the registration certificates issued by now, shall
