Rajasthan High Court - Jaipur
M/S Ekta Enterprises vs The Secretory And Transport ... on 19 July, 2023
Bench: Augustine George Masih, Sameer Jain
[2023:RJ-JP:14686-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 10471/2023
M/s Ekta Enterprises, A Partnership Firm Having Its Office At Plot
No. 5, Mall Road No. 5, Umrar Vihar, Kanakpura, Jaipur,
Rajasthan-302043 Through Its Partner Mr. Praveen Jain S/o Shri
Gajendra Kumar Jain, Aged About 43 Years, R/o 49, Mahadev
Nagar, Gandhi Path, Vaishali Nagar, Jaipur, Rajasthan.
----Petitioner
Versus
1. The Secretory And Transport Commissioner, Government
Of Rajasthan, Parivahan Bhawan, Jaipur, Rajasthan.
2. The Regional Transport Authority, Ajmer Region, Ajmer,
Rajasthan.
3. The District Transport Officer, Naugaur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Satish Kumar Khandelwal Mr. Dinesh Bishnoi For Respondent(s) : Dr. Ganesh Parihar, AAG assisted by Mr. Sameer Sharma HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE SAMEER JAIN Order 19/07/2023
1. Having considered the submissions made by the counsel for the parties and keeping in view the consensus which has been reached between the counsel for the parties, in the light of the judgment passed by the Hon'ble Delhi High Court in MAC.APP.614/2018-Rishi Ranjan Mishra Vs. Shubh Chander Yadav & Ors. (New India Assurance Co.Ltd.) decided on 05.09.2019, wherein the vehicle in question as in the present case has been declared to be a motor vehicle under Section 2(28) of (Downloaded on 11/11/2023 at 06:26:43 PM) [2023:RJ-JP:14686-DB] (2 of 2) [CW-10471/2023] the Motor Vehicles Act, 1998. Upon the same judgment having been challenged before the Hon'ble Supreme Court in Special Leave to Appeal (C) No.1174/2020-Container Corporation of India Limited Vs. Rishi Ranjan Mishra & Ors., the Hon'ble Supreme Court has stayed the operation of the impugned judgment and order dated 05.09.2019 vide order dated 23.01.2020.
2. It is ordered that in case the petitioner submits the bank guarantee relatable to the amount of tax and interest as may be quantified by the competent authority within a period of two days qua the penalty, the surety may be granted by the petitioner. On doing so, the vehicles i.e. Reach Stacker machine shall be released forthwith as an interim measure.
3. With this observation, the present writ petition stands disposed of. In the light of whatever stated by us above, all the pleadings as have been taken in the present writ petition would be open to the petitioner to agitate before the competent authority. It may also be added here that the stand which may be taken by the respondent-State is also not being determined on merits. (SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ AKG/RAJAT/4 (Downloaded on 11/11/2023 at 06:26:43 PM) Powered by TCPDF (www.tcpdf.org)