K. N. SINGH, J. :- A learned single Judge of this Court has referred the following question to this Bench:

"Whether under a scheme in which a notified route overlaps a portion of a pre-existing route there is total exclusion of private operators without there being specific provision cancelling or modifying the existing permits on the overlapped route, can the permits be so renewed as to cover overlapped portion of the notified route?"

2. The facts giving rise to this reference are necessary to be noted. Respondents Nos. 3 to 14 are private operators, they held stage carriage permits for providing road transport service on the route Muzaffarnagar-Saharanpur via Bamanheri-Deoband and Galgalheri. On the expiry of the period of their permits they made applications for renewal of their permits but the Regional Transport Authority rejected their application on the ground that a portion of the route lying between Muzaffarnagar-Bamanheri and Saharanpur-Galgalheri formed part of notified routes Muzaffarnagar-BareloBasera and Saharanpur-Hardwar via Chutmalpur and Galgalheri. Respondents Nos. 3 to 14 filed appeal against the order of the Regional Transport Authority. The State Transpo