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1978 Supreme(AP) 168

A.RAGHUVIR, C.KONDAIAH
I. Navakoti – Appellant
Versus
Regional Transport Officer, Nellore – Respondent


RAGHUVIR, J.

( 1 ) NAVAKOTI, the writ petitioner the appellant was accorded a temporary permit for the route Nellore to Jaldanki. The State-carriage A. P. N. No. 7209 on that route is required to cross a Railway level crossing at Bitragunta Railway station. On 7-3-1974 the Motor Vehicles Inspector. Kavali checked A. P. N. No. 7209 at 7-55 p. m. at Konda Bitragunta level crossing and submitted report No. 14271 to the authorities. A show cause notice was issued on 11-3-1974 to the petitioner, based on the facts of the report, as to why a difference of tax in Rs. 510. 00 and penalty of Rs. 1,020/- should not be collected. The petitioners averred in his explanation on 15-3-1974 the vehicle A. P. N. No. 7209 with thirty passengers reached Bitragunta level crossing at 5-15 p. m. on its onward journey to Nellore. The level crossing gate was closed and remained closed upto 7-30 p. m. The Stage-carriage for a long time was thus detained. The passengers became "restive" for the gate remained closed for two hours and more due ". . . . . . to Sri Venkateswara Yearly Festival at Bitragunta town proper causing sudden detention of trains by chain pulling. . . . . . . . . . . . to passengers in on

















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