CWP No.19665 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19665 of 2008 (O&M) Date of decision:15.07.2010 Krishan Chand and others ...... Petitioners VERSUS State of Punjab through its Secretary, Department of Revenue, Civil Secretariat, Punjab, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.R.K.Joshi, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondents. ***** RAJIVE BHALLA.J (Oral) CM No.8913 of 2010 CM is allowed. Typed copy of Parliament Act No.38 of 2005 dated 05.09.2005 is taken on record. CWP No.19665 of 2008 The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 14.01.2008, passed by the Financial Commissioner (Revenue), Punjab, Chandigarh, on the plea that though the Administration of Evacuee Property Act, 1950, was repealed but a Division Bench of this court has held in CWP No.9517 of 2008 in R.K.Suneja and another Versus State of Haryana and others, decided on 10.11.2008, that the repeal of the Act, would not apply to pending cases. Counsel for the State of Punjab, does not deny the correctness of these assertions. The Financial Commissioner, dismissed the petitioners' case as CWP No.19665 of 2008 (O&M) -2- the Administration of Evacuee Property Act, 1950, stood repeated. In view of the judgment in R.K.Suneja and another Versus State of Haryana and others (supra) as the petitioners' case was pending on the date of the repeal, of the Act the Financial Commissioner, shall be required to decide the case on merits. In view of what has been stated hereinabove, the writ petition is allowed, the order dated 14.01.2008, passed by the Financial Commissioner (Revenue), Punjab, Chandigarh, is set aside and the matter is remitted to the Financial Commissioner (Revenue), Punjab, Chandigarh, to decide the matter afresh and in accordance with law. Parties are directed to appear before the Financial Commissioner (Revenue), Punjab, Chandigarh, on 01.09.2010. During the pendency of proceedings, before the Financial Commissioner (Revenue), Punjab, Chandigarh, parties shall maintain status quo with respect to possession. 15.07.2010 [RAJIVE BHALLA] shamsher JUDGE