( 1 ) ). THE main Special Civil Application No. 1688 of 2000 was filed by the Gujarat State Road Transport Corporation and its Divisional superintendent, S. T. Depot, Surat Division, Surat on 13-3-2000 challenging the order dated 6-1-2000 passed by the Assistant Judge, District Court, Surat in Appeal under Sec. 9 of the Gujarat Public Premises (Eviction of Unauthorised occupants) Act, 1972, which will be hereinafter referred to as the Act. In this Special Civil Application while issuing rule and notice as to interim relief on 22-3-2000 and making the notice returnable on 12-4-2000, ex parte ad interim order was passed staying the operation of the impugned order dated 6-1-2000 passed by the Assistant Judge in Regular Civil Appeal No. 89 of 1998, i. e. , in fact an appeal under Sec. 9 of the Act against the order dated 15-12-1998 passed by the competent authority in eviction Case No. 1 of 1977 under Secs. 5 and 7 of the Act.

( 2 ) ). On 3-4-2000 i. e. , before the returnable date the present Civil Application was filed by the original respondent praying for the following reliefs :-" (A) Your Lordships may be pleased to recall the order dated 22-3-2000 insofar as it grants ad interim stay of operation of the order dated 6-1-2000 passed by the learned Assistant Judge, Surat in Regular Civil Appeal No. 89 of 1998 or Your Lordships may be pleased to clarify that the respondents herein are not entitled to disturb applicant possession and usage of the subject premises by virtue of the aforesaid ad interim order or otherwise; (B) Your Lordships may be pleased to restrain the Respondents from disturbing the Applicants possession and usage of the subject premises for the purpose of running the canteen as was being done on 31-3-2000 and prior thereto; (C) Your Lordships may be pleased to direct the Respondents to restore to the Applicants, possession of the movable properties removed from the subject premises by the officers of the Respondent Corporation on 1-4- 2000; (D) Such other and further reliefs as may be deemed just and expedient in the facts and circumstances of the case may be granted. "

( 3 ) ). In the main Special Civil Application, it is the case of the Corporation that it had invited offers to run the canteen by way of licence deed at the s. T. Bus Stand, Surat in the year 1988. The present applicant had quoted the price at the relevant point of time in the year 1988 to run the said canteen at the rate of Rs. 36,701/- per month. The present applicant had also applied. for other accommodation nearby the Restaurant Canteen, which was also given by receiving the amount for other accommodation and the applicant was paying rs. 53,602/ -. The amount of licence fees was required to be increased later on and when the applicant did not pay the increased amount, notice was issued by the Corporation. The applicant approached the Civil Court and tiled a Suit with a prayer to declare him as a tenant of the premises, with the further prayer that the Corporation had no right to increase the licence fees and that the applicant was not required to pay the said increased licence fees. Along with the said suit, an application for injunction was also filed. In the said proceedings, the corporation took objection that the Civil Court had no jurisdiction and it was only the competent Court under the Act which was entitled to decide the said dispute and further that the provisions of Sec. 4 of the Rent Act were not applicable. In this suit before the Small Causes Court, the Small Causes Court passed an injunction order restraining the Corporation from disturbing the possession of the applicant without due process of law. It is given out that against that injunction order passed by the Small Causes Court, the Corporation went in appeal before the District Court and the District Court confirmed the order, which was passed by the Small Causes Court and observed that the corporation could initiate the proceedings under the Act. Thereupon