THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12016 of 2009 Date:28.04.2011 Between: Gulam Jeelani ..... Petitioner AND The Regional Transport Officer, Hyderabad .....Respondent Counsel for the Petitioner: Sri B.Chandra Sekhar for Sri K.Asad Ahmed Counsel for Respondent: Assistant Government Pleader for Transport The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the proposed action of the respondent to cancel the certificate of registration of vehicle bearing No.KA 01/D/0581 (reassigned No.AP 12/V/2125), vide show cause notice No.70/A1/HS/08 dated 23.05.2009 as illegal and arbitrary. The petitioner has purchased the abovementioned vehicle which was earlier involved in an accident leading to registration of Crime No.114 of 2008 of Khajipet Police Station against the driver of the vehicle for the offences under Sections 337, 338 and 304-A of Indian Penal Code, 1860. Pending the said criminal case, the vehicle, which was seized and produced before the Criminal Court, was released subject to certain conditions which inter alia include the condition that the owner of the vehicle shall not alter the colour of the vehicle and alienate the same to third parties. Alleging that despite the order prohibiting alienation, the owner of the vehicle has sold the same to the petitioner, the impugned show cause notice has been issued. This Court by order dated 19.06.2009 in W.P.M.P.No.15482 of 2009 stayed further proceedings pursuant to the impugned show-cause notice. At the hearing, Sri B.Chandra Sekhar, learned counsel for the petitioner, placed before this Court judgment dated 28.01.2011 in C.C.No.26 of 2009 on the file of the learned Judicial Magistrate of First Class, Mydukur, under which the driver of the offending vehicle was acquitted as he was found not guilty of the offences with which he was charged. The learned Assistant Government Pleader for Transport fairly admitted the above position. Having regard to the fact that the show-cause notice is based on violation of the order issued by the Criminal Court regarding non-alienation pending C.C.No.26 of 2009, the very basis of the show-cause notice ceases to exist with the disposal of the criminal case and acquittal of the accused. In the light of the above facts, the impugned show-cause notice dated 23.05.2009 cannot be sustained and the same is accordingly quashed. The Writ Petition is accordingly disposed of. As a sequel to disposal of the writ petition, interim order in W.P.M.P.No.15482 of 2009 is vacated and W.P.M.P.No.15482 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th April, 2011 GHN