( 1 ) THIS appeal at the instance of the State Government is directed against the judgment and order of the City Civil Court Ahmedabad dated 27/02/1980 granting declaration that the notice for summary eviction issued by the City Deputy Collector Ahmedabad purporting to act under sec. 202 of the Bombay Land Revenue Code 1879 (hereinafter referred to as the Code) from the land of S. No. 518 situated within the revenue limits of village Vadaj Ahmedabad Taluka admeasuring about acres 19-02 gunthas is bad in law and void inasmuch as sec. 202 of the Code being corresponding law stood repealed in light of the provisions contained in sec. 19 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act 1972 (hereinafter referred to as the Public Premises Act) which repealed not only the Bombay Government Premises (Eviction) Act 1955 but also any other corresponding law for eviction of occupants from the public premises. In order to appreciate the rival contentions in the proper perspective it is necessary to refer shortly to the pleadings of the parties hereto.

( 2 ) THE plaintiff claims that according to the rules and regulations of the State Government a policy w