JAGTAR SINGH Vs. THE CHIEF SETTLEMENT

JUDGEMENT

(1.) VIDE order dated 14th September, 2006, respondents No. 4 to 8 were set ex parte.

(2.) VIDE the impugned order dated 13th April, 2006, the learned Financial Commissioner (Appeals) summarily disposed of Revenue Revision No. 96 of 2001 only on the ground that since the aforesaid revision petition had been filed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act No. 44/1954) and because the said Act had been repealed by the Displaced Persons Claims and other Laws Repeal Act, 2005 (Central Act No. 38/2005) and since there was no saving Clause in the aforesaid repealing Act, the revision petition was not maintainable.

(3.) THE impugned order is thus set aside. Because by the impugned order the revision petition was disposed of only on the aforesaid uncalled for legal and technical ground, it is ordered, that the revision petition shall stand restored and revived to its original position. The revision petition is remitted to the learned Financial Commissioner (Appeals) for its disposal afresh in accordance with law. The petition is disposed of. In view of the disposal of the main petition, this application is also disposed of. Interim order dated 23rd June, 2006 shall stand vacated.