- (1.) Heard learned counsel for the parties. From the records of the present writ petition we find that the petitioner Wali Mohammad had filed Revision No. 1 of 1981 before the Board of Revenue against the order of the Assistant Custodian dated 25th November, 1980. The Board of Revenue entertained the revision. The revision was directed to be registered. Notices were issued to the opposite parties fixing 24th April, 1981 as the date for disposal. The records of the Court below were called for. As an interim measure, it was directed that the order impugned dated 25th November, 1980 shall remain stayed and the Assistant Custodian be informed accordingly. This order was made by the Board of Revenue as early as on 20th January, 1981.
(2.) Surprisingly, the Board of Revenue under the order impugned dated 28th September, 2006 i.e. after keeping the said revision pending for nearly 25 years has made following orders:
(3.) Learned counsel for the petitioners submits that merely because of (1) the Administration of Evacuee Property Act, 1950, (2) the Displaced Persona (Claims) Act, 1950, (3) the Evacuee Interest (Separation) Act, 1951, (4) the Displaced Persons (Claims) Supplementary Act, 1954 and (5) the Displaced Persons (Compensation and Rehabilitation) Act, 1954 have been repealed vide Act No. 33 of 2005, which is commonly known is "Repeal Act, 2005", published in the official notification dated 5th September, 2005, it will not mean that the pending disputes covered by the Repeal Act, 2005 are rendered infructuous. The cases had to be decided on the basis of law applicable on the date the proceedings were instituted unless specifically provided otherwise under the repeal Act.;