' KHALIL-UR-REHMAN KHAN J.---Heard. The revisional jurisdiction vesting in this Court under Section 21 of the Displaced Persons (Land Settlement) Act, 1958, was taken away by omitting Section 21 from the aforesaid Act vide Evacuee Property and Displaced Persons Laws (Amendment) Act, 1973 (LV of 1973). The Displaced Persons (Land Settlement) Act, 1958, was itself repealed by Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975). Settlement Revision No,208/69 was disposed of by a Division Bench of this Court vide judgment dated 2-6-1979.
2. The petitioners moved this application under Section 12(2), C.P.C. On 18-4-1987. We are of the view that in the circumstances noted above, this application does not lie to this Court under the Code of Civil Procedure. This Court in its judgment dated 2-6-1979, disposed of the revision petition (S.R.208/69) with the observations, that the excess land in dispute be offered to the petitioners for purchase under Section 3 of Act (XIV of 1975) if not disposed of meanwhile and the matter be disposed of by the learned Member, Board of Revenue/Chief Settlement Commissioner, in accordance with law after due notice to the said petitioners.
3. Learned counsel for the petitioners states that the land has not yet been disposed of and that the petitioners have preferential right to seek transfer of the land under Section 3 of Act (XIV of 1975). This plea need not be examined by us as the claim of the revision-petitioners was to be examined by the learned' Member (Settlement) Board of Revenue, in accordance with law. If the land has not yet been disposed of, the petitioners may also approach the learned Member A (Settlement), Board of Revenue, as the matter of disposal of excess land was to be disposed of on merit and in accordance with law in view of the observations earlier made.
The application is disposed of accordingly.