VIVEK AGARWAL,J. - (1.)This writ petition is filed being aggrieved of order dtd. 25/04/2012 passed by respondent no. 1 i.e. Secretary, Rehabilitation Department, Vallabh Bhawan, Bhopal in file no. F-22-5/2005/28 challenging the order dtd. 25/04/2012 whereby the order of allotment of five acres of land in favour of the petitioners dtd. 13/08/2008 at village Rajalwadi, Tehsil Goharganj, District Raisen under the provisions of Displaced Persons (Compensation and Rehabilitation) Act 1954 has been cancelled for the reason that the Act of 1954 stood repealed in the year 2005, therefore, the order dtd. 25/04/2012 is without jurisdiction.
(2.)In the writ petition, it is mentioned that the petitioner was instructed by the Collector, Raisen to deposit 12 installments of Rs.22,200.00 each a sum of Rs.2,66,400.00. Petitioner had made compliance of the said order and, therefore, the order cancelling the earlier allotment order is arbitrary and illegal.
(3.)Learned Panel Lawyer supports the impugned order and submits that once the Act was repealed, then the authorities were in error in making any allotment in favour of the petitioners. After repeal of the Act of 1954, by an Act to repeal the displaced persons vide gazette notification dtd. 6/9/2005, there existed no authority in the allotment officer to make any allotment of land in favour of the petitioners. It is submitted that the civil suit is already pending in this regard.
Taking these facts into consideration that the Act of 1954 stood repealed and, thereafter, allotment was made, such allotment cannot be given seal of approval as it was not within the competence of the authority to make allotment in favour of the petitioners under the Repeal Act.