S.S. Chauhan, J. - (1.) THIS writ petition has been filed challenging the order dated 14.9.2006 passed by the Board of Revenue, by means of which the revision of the petitioners has been dismissed as having become infructuous on the promulgation of gazette notification, extra -ordinary Part II, section 1 dated 6th September, 2005 by means of which five enactments including the Administration of Evacuee Property Act, 1950 has been repealed. Learned Counsel for the petitioners has drawn the attention of the Court towards the judgment of the Apex Court rendered in the case of Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal and Co. and another : 2001 (45) ALR 476 (SC), wherein it has been held: As a general rule, in view of section 6, the repeal of a statute, which is not retrospective in operation, does not prima facie affect the pending proceedings, which may be continued as if the repealed enactment were still in force. In other words, such repeal does not affect the pending cases, which would continue to be concluded as if the enactment has not been repealed. In fact when a lis commences, all rights and obligations of the parties get crystallized on that date. The mandate of section 6 of the General Clauses Act is simply to leave the pending proceedings unaffected, which commenced under the unrepealed provisions unless contrary intention is expressed. We find Clause (c) of section 6, refers the words "any right, privilege obligation acquired or accrued" under the repealed statute would not be affected by the repealing statute. We may hasten to clarify here, mere existence of a right not being "acquired" or "accrued" on the date of the repeal would not get protection of section 6 of the General Clauses Act.
(2.) CONSIDERING above legal position, it is clear that the revision could not have been dismissed on the promulgation of Repealing Act and the matter ought to have been decided on merit by the Board of Revenue. The Board of Revenue has misdirected himself in dismissing the revision as having become infructuous. The writ petition is accordingly allowed and the order dated 14.9.2006 is hereby set aside and the Board of Revenue is directed to dispose of the revision on merit in accordance with law.;