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Case No.778, decided on 4th November, 2013.

----S. 2(2)---Pending proceedings---Judgment passed by Civil Judge---Petitioner sought allotment of land to him on the basis of judgment dated 30-9-2013, passed by Civil Judge---Validity---Case of petitioner did not fall within the purview of "pending proceedings" nor it was remanded by High Court or Supreme Court---Notified officer, under S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, could take cognizance of a matter, which was either pending before him or was remanded to him by High Court or Supreme Court---Application was dismissed in circumstances. 2011 MLD 196 fol. Zawar Ahmad Sheikh for Appellants.

-- Learned counsel presented an application with the following title/subject:--- "Application for implementation of judgment dated 30-9-2013 passed by Mr. Mudassar Farid Khokhar, learned Civil Judge, 1st Class, Lahore and allotment of land to the petitioners according to Judgment dated 30-9-2013". It is noted that no provision of law has been mentioned under which the said application has been filed. Learned counsel for the appellant was required to argue the maintainability of his application in the light of section 2(2) of the Evacuee Properties and Displaced Persons Laws (Repeal) Act No.XIV 1975, who responded that he is appearing in this court in pursuance of order of learned Civil Judge passed vide order dated 30-9-2013. 2. It is pertinent to mention here that the undersigned has been notified as Notified Officer under subsection (2) of section 2 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, which reads as under:--- "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 remanded to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid." 3. From the perusal of the application, it is established that neither the case falls within the purview of pending proceedings nor remanded by the Hon"ble High Court or august Supreme Court of Pakistan. The dictum laid down in a judgment reported as 2011 MLD 196, is fully applicable in this case, wherein it was held that under section 2(2) of the Repeal Act, the Notified Officer may take cognizance of a matter, which was either pending before him or was remanded to him by the High Court and Supreme Court. In view of the above, the application is dismissed being not maintainable. The case file shall be consigned to the record room after its due compilation/page marking. MH/8/Rev. Application dismissed.

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