(1.) The petitioner is before this Court seeking issue of a writ of mandamus directing the respondent not to effect seizure of the vehicles pertaining to the petitioner - SRS Travels except by following the procedure laid down by the Hon'ble Supreme Court in the case of the TRANSPORT COMMISSIONER, AP v. SARDAR ALI, 1983 4 SCC 245 and also following the decision in the case of M/S. Krishna Bus Service Pvt. Ltd., v. State of Haryana and Others, 1985 AIR(SC) 1651.
(2.) It appears alleging excess baggage/loading over the top of the luxury buses the respondent seized these vehicles and handed over them to the Joint Manager, KSRTC or BMTC. The apprehension of the petitioner is that though for violation of some rules the seizure has been made, the vehicles are not being taken proper care and are being handed over to the rival business persons i.e., the KSRTC or the BMTC, who are jealous of the private bus operators. This would cause substantial loss to the petitioner's buses as the structure of the Hi-tec buses being very delicate and modern, the damages caused would be detrimental to the interest of the petitioner and thus according to the petitioner, for violation of any rules as laid down in Karnataka Motor Vehicle Taxation Act, 1957, if the vehicles are seized on inspection and taken into custody, there should be proper measures adopted to maintain the vehicles in a good condition and proper manner and released in favour of the petitioner, as the vehicles are operated for the purpose of tourism or else it would create loss to the petitioner's business and also the petitioner will have to spend lot of amount towards maintenance to bring it to the normal condition.
(3.) In the instant case, it appears the respondent has already released the vehicles which were in their custody in favour of the petitioner. Even then the petitioner is before this Court seeking for issuance of writ of mandamus.