STATE OF M P Vs. MUNNIBAI

JUDGEMENT

(1.) Assailing the propriety and validity of the order dated 24.3.2008 passed by the learned Single Judge in Writ Petition No. 17560/ 2007, the present intra-court appeal has been filed by the appellants under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth ko Appeal) Adhiniyam, 2005. Short facts of the case are that:

(2.) The learned Government Advocate appearing for the appellant submitted that the appeal preferred by the respondents before the Additional Commissioner was not proper as Additional Commissioner had no jurisdiction to entertain the appeal since the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 were repealed. It was further submitted that the aforesaid aspect was not properly appreciated by the learned Singal Judge.

(3.) On the other hand, learned counsel for the respondents submitted that since the writ petition was preferred before this Court in the year 1999 and was pending for adjudication, at the time of commencement of Urban Land (Ceiling and Regulation) Repeal Act, 1999, therefore, in view of Section 6(e) of the General Clauses Act, the appeal preferred by the respondents before the Additional Commissioner was rightly entertained and was maintainable.