1987 PLP 188 (MLD)

Act XIV of 1975 came into existence on 28-1-1975. At the same time, the above-said Ordinance was repeated by section 6 of the Act. Section 2 of Act XIV of 1975 is as under:- "

2. Repeal of certain Laws:- (1) The following Acts and Regulations are hereby repealed, namely:- (i) The Registration of Claims (Displaced Persons) Act, 1956 (III of 1956); (ii) The Pakistan Rehabilitation Act, 1956 (XLII of 1956) (iii) The Pakistan Administration of Evacuee Property Act, 1957 (XII of 1957); (iv) The Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVIII of 1958); (v) The Displaced Persons (Land Settlement) Act, 1958 (XLVII of 1958); (vi) The Scrutiny of Claims (Evacuee Property) Regulation, 1961, and (vii) The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971, (2) Upon the repeal of the aforesaid Acts and Regulations, all proceedings which immediately before such repeal, may be pending before the authorities appointed thereunder shall stand transferred for final disposal to such officers as may be notified by the Provincial Government in the official Gazette and all cases decided by the Supreme Court or a High Court after such repeal which would have been remained to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid. (3) Any proceedings transferred or remanded to an officer in pursuance of subsection (2) shall be disposed of by him in accordance with the provisions of the Act or Regulation hereby repealed to which the proceedings relate. (4) The final orders passed under subsection (3) shall be executed by the Board, of Revenue of the Province in accordance with the provisions of the Act or the Regulation hereby repealed to which the proceedings related." A perusal of this section shows that upon the repeal of the Acts and regulations mentioned in section 2 (1) of the Act, only those proceedings which immediately before such repeal were pending, stood transferred for final disposal to such officers as were to be notified by the Provincial Government in the official Gazette in this behalf. The other cases, which could be heard by them were such as might be decided by the Supreme Court or the High Court after such repeal which would have bean remanded to any of the authorities acting under the aforesaid laws as referred to in section 2 (1) of Act XIV of 1975. Since the aforesaid laws have been repealed, no officer acting under such laws possesses jurisdiction thereafter to entertain any matter except as provided in subsection (2) of section 2 of the aforesaid Act. Since the notice issued by the respondent No.1 does not fall within the purview of section 2 (2) of the aforesaid Act, the same clearly appears to have been issued without any authority of law. Under such circumstances the Deputy Settlement Commissioner, the first respondent in this case, had no jurisdiction to issue notice dated 24-11-1983 to the petitioner. For the aforesaid reasons this petition is allowed with costs and the notice, dated 24-11-1983, is held to be without lawful authority and of no legal effect and as such it is quashed. H . B . T / A-21 / K Petition allowed.