J.C.SHAH, J.

(1) BY a notification, dated 8/07/1957, the State of Bihar, in exercise of the powers under Ss. (2) of S. 68-D of the Motor Vehicles Act approved a notified roue "Patna-Nawadah" by the scheme all services plying on the route including the "service" of the appellant thereof were notified. The Nawadah-Patna route is in the form of a rightangle the base being Nawadah, Bihar Shariff and Bakhtiarpur and the vertical side being Bakhtiarpur-Fatwah-Patna. The appellant was plying under a permit issued to him, under the Motor Vehicles Act, 1939, even after the notified scheme was framed, stage carriages along the route Bihar Shariff-Noorsarari-Chandi-Daniawan-Fatwah. This was pot a notified route. The route Bihar Shariff-Bakhtiarpur-Fatwah and Daniawan form roughly a rectangle.

(2) THE appellant applied for an extension of his route Bihar Shariff-Noorsarai-Chandi-Daniawan-Fatwah to Agamkuan a place near Patna. For plying along the extension the appellant had to use a stretch of five miles of the notified route from Fatwah to Patna. The Regional Transport Authority granted extension of the route to Agarnkuan over ruling the objection of the Bihap State Road Transpo