( 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 unauthorised occuption of any public premises. It would be relevant to refer to the provisions of Sec. 16 of the said Act at this stage which is reproduced herein :"16. Bar of jurisdiction : No Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person on the ground that he is in an unauthorised occupation of any public premises or for any other reason specified in sub-sec. (1) of Sec. 4, or the recovery of the arrears of rent payable under subsec. (1) of Sec. 7 or the damages payable under sub-sec. (2) of that section or the cost awarded to the State Government or the corporate authority under sub-sec. (5) of Sec. 9 or any portion of such rent, damages or costs".

( 2 ) IT appears that despite clear provision contained in the aforesaid Act and despite such provision having been specifically brought to the notice of the trial court the Civil Judge (JD) rejected the application by judgment and order dated 14-7-1992 inter alia on the ground that initially the trial Court has granted interim injunction which was confirmed in Misc. Civil Appeal No. 137 of 1984 by the dist. Court and, therefore, he cannot pass any order on the application preferred by the petitioner-Corporation at Exh. 29. In the view of the trial Court the corporation ought to have moved the Honble High Court against the order of the dist. Court. It is this order passed below Exh. 29 which is the subject-matter of challenge at the instance of GSTRC in CRA No. 1065 of 1992.

( 3 ) IN CRA No. 1066 of 1992 an application at Exh. 36 was given by Vimlaben l. Shah - original plaintiff in the very suit under Sec. 10 of CPC to stay the further eviction proceedings initiated by the competent authority of the GSRTC being Eviction Case No. 59 of 1984. On such an application the trial Court passed impugned order on 14-7-1992 inter alia holding that the plaintiff Vimlaben L. Shah has instituted RCS No. 469 of 1984 prior in point of time in Civil Court and, thereafter, Eviction Case No. 59 of 1984 was initiated by the competent authority under the aforesaid Act on 24th June, 1984, i. e. , 9 days subsequent to the institution of Civil suit by the plaintiff. It also took the view that both the proceedings related to same subject-matter and, therefore, the ingredients of Sec. 10 of CPC were satisfied and subsequently initiated Eviction Case No. 59 of 1984 was required to be stayed. He, therefore, stayed the eviction proceedings of Eviction Case No. 59 of 1984 till the Civil suit preferred by the plaintiff is decided. The said order of the Civil Judge (JD), Bhavnagar is the subject-matter of challenge at the instance of GSRTC in 2nd CRA No. 1066 of 1992.

( 4 ) MR. Pranav Desai for Mr. G. N. Desai for GSRTC firstly submitted that in view of specific statutory bar enacte