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1995 Supreme(Guj) 195

S.D.SHAH
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
VIMLABEN L. SHAH – Respondent


Advocates Appeared: G.N.DESAI, MEHUL CHINOY

S. D. SHAH, J.

( 1 ) C. R. A. No. 1065 of 1992 is preferred by Guj. State Road transport Corpn. against Vimlaben L. Shah to challenge the order passed by the civil Judge (JD), Bhavnagar below Exh. 29, dated 14th July, 1992 in RCS No. 469 of 1984. It appears that Vimlaben initially instituted the aforesaid suit against gsrtc for declaration and injunction restraining the Corporation from in any way taking possession of Book Stall at the S. T. Depot and from in any way evicting her from the said Book Stall till final disposal of Eviction Case No. 59 of 1984 filed by GSRTC. In such proceedings the petitioner-Corporation tendered an application at Exh. 29, dated 8-4-1991 inter alia contending that to the premises in question provisions of Gujarat Public Premises (Eviction of Unauthorised occupants) Act, 1972 were applicable and accordingly the General Manager of the gsrtc was the "competent authority" for deciding the dispute between the parties. It was further contended that in view of the provisions contained in Sec. 16 of the said Act the civil Court has no jurisdiction to entertain any suit or proceedings in respect of the eviction of any person on the ground that he is in unauthori










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