BHARGAVA, C. J. :- The question referred for our opinion by the learned single Judge is :

"Whether an order passed by the Regional Transport Authority on an application under sub-section (8) of section 57 of the Motor Vehicles Act, 1939 is appealable to the prescribed authority under section 64 of the Act?"

2. We have heard learned counsel for the parties and have also gone through the judgment of Hon'ble R. S. Pathak, J. which has occasioned this reference in this case. Before us as well as before Hon'ble R. S. Pathak, J. the suggestion made was limited to Cls. (a) and (b) of S. 64 of the Motor Vehicles Act so that we are not concerned with the other clauses of section 64.

3. It appears to us that so far as clause (b) of section 64 is concerned it specifically provides for appeals against orders made under section 57 (8). Section 57 (8) deals with an application to vary the conditions of any permit by the inclusion of a new route or routes or a new area or, in the case of a stage carriage permit, by increasing the number of services above the specified maximum, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles cov