THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32632 OF 2011 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondents in not issuing “No Objection Certificate” to the petitioner’s vehicle bearing registration No.AP 12 V 2125 pursuant to his application in Form 28, dated 17.11.2011, and representations, dated 17.11.2011 and 26.11.2011, as illegal and arbitrary and consequently direct the respondents to issue ‘No Objection Certificate’ to the petitioner’s vehicle keeping in view of the orders, dated 28.04.2011, of this Court in W.P.No.12016 of 2009. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner is the owner of the aforementioned vehicle having purchased the same from one Abdullah and the vehicle was transferred in his name on 17.11.2008 in accordance with the provisions of Section 50 of the Andhra Pradesh Motor Vehicles Act, 1988 read with Rule 55 of the Central Motor Vehicle Rules, 1988 and since then, the vehicle was plying on the basis of necessary permits. While so, on 19.01.2009, the petitioner received a memo from respondent No.1 stating that there is a case pending on the file of the Judicial Magistrate of First Class, Maidukuru on the vehicle and directed him to furnish the details and present stage of the case. The petitioner is not aware about the case. His transferor did not disclose about the same in the agreement of sale, dated 05.11.2008. His transferor agreed to be held responsible for legal and disciplinary cases or arrears of tax, if any, pending against the vehicle either in the RTA or in the Courts of law as on 18.10.2008. Hence, the petitioner made a representation on 12.02.2009 to the respondents. Having received the said representation, the respondents issued a show cause notice, dated 23.05.2009, to the petitioner stating that the vehicle in question met with an accident on 25.08.2008 and Crime No.114 of 2008 was registered in Khajipet Police Station and that the vehicle was released in pursuance of the orders in Crl.M.P.No.470 of 2008, dated 04.09.2008. on the file of the Judicial First Class Magistrate Court, Maidakur on imposing certain conditions to the petitioner therein i.e, Abdullah and proposed to cancel the registration of the vehicle. Hence, the petitioner filed W.P.No.12016 of 2009 stating that he was not responsible for violation of the order of the Court and that he was a bona fide purchaser. This Court granted interim stay on 19.06.2009. Crime No.114 of 2008 was subsequently numbered as C.C.No.26 of 2009. The Judicial Magistrate of First Class, Maidukur vide judgment, dated 28.01.2011, acquitted the accused therein. Accordingly, W.P.No.12016 of 2009 was disposed of by this Court holding that the show cause notice, dated 23.05.2009, is not sustainable and the same was quashed. Pursuant thereto, the petitioner’s vehicle was released from all liabilities. The petitioner sold his vehicle to one Smt Sirisha and executed all the sale documents. Since the purchaser happened to be a permanent resident of Anantapur, the petitioner made Form 28 application to respondent No.2 on 17.11.2011 for issuing “No Objection Certificate”. He also issued a reminder on 26.11.2011, but no action has been taken by respondent No.2. As no case is pending, respondent No.2 is bound to issue the said certificate. Hence, the present writ petition. 3. Learned counsel for the petitioner contended that the respondents are not issuing “No Objection Certificate” to the petitioner for selling the vehicle in question for which, the petitioner made representations on 17.11.2011 and 26.11.2011, but no action has been taken and hence, prays to issue a direction to the respondents to issue the said certificate. 4. On the other hand, learned Assistant Government Pleader for the respondents contended that if no cases are pending, the representations of the petitioner would be considered by the respondents in accordance with law. 5. The petitioner, with an intention to sell his vehicle, made representations to the respondents for issuance of ‘No Objection Certificate’, but they have not issued the same on the ground that a criminal case is pending. It is not in dispute before this Court that the criminal case pending against the driver of the vehicle ended in acquittal. As on today, there is no impediment for giving ‘No Objection Certificate’ to the petitioner for selling his vehicle. Hence, the respondents are directed to take appropriate decision on the representations, dated 17.11.2011 and 26.11.2011, of the petitioner within a period of one month from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 19th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32632 OF 2011 Date:19.12.2011 AMD