ORDER

[Regard being had to the similitude of the controversy, these nine petitions were heard analogously and decided by this common order. For factual convenience, facts as narrated in W.P. No.4374 of 2012 are taken into consideration.]

1. The instant petition under Article 226 of the Constitution of India is preferred against the order dated 25.5.2012 passed by the respondent No.1 in case No.F-22-12/2004/28, whereby the order dated 8.10.2009 by which the present petitioners were allotted lands bearing survey Nos.58 and 343 admeasuring about 6.511 hectares and 0.533 hectares respectively situated in village Mungwara, Tahsil Gulabganj District Vidisha under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was set aside holding that the said order was passed after the Act of 1954 itself was repealed by the Govt. of India in the year 2005, therefore, the authority had no jurisdiction to pass such an order.

2. For convenience, the proceedings in pursuance to which the above writ petitions had been filed are mentioned in the reference which are as under:

3. Short facts in nutshell are that forefathers of the petitioners were in possession of the disputed property since last 50 years and on 23.9.2009 respondent No.1 issued a letter informing them that since they are in possession of the said land/evacuee property since last 50 years, which is also affirmed by the report of the Collector, Vidisha, they can be allotted the said land and in pursuance thereof they were directed to deposit requisite the then value of the disputed property, which was Rs.8552/-, payable to the rehabilitation department by way of challan, so that the proceedings to convert the possession of their disputed property into the valid title can be initiated.

4. In compliance to the said letter dated 23.9.2009 the requisite amount of Rs.8552/- was deposited under the heads of the rehabilitation department by the petitioners on 26.9.2009. On 8.10.2009 respondent No.1 issued a correspondence and in consultation with the internal correspondence in reference to letter No.Q/Jagir/06 dated 24.2.2006, whereby it was informed to the petitioners that they are under the possession of a disputed/evacuee property since last 50 years and the market rate of the property was about Rs.482/- per acre and thus, they were directed to deposit the amount of Rs.8552/-. In the said correspondence, it was further admitted that the management and execution of Evacuee Property are under the the provisions of the Central Acts and since there is no displaced person to claim the evacuee property, therefore, the policy of the State Govt., which existed on the said date and provided that where there is the possession of the evacuee property over 50 years of any person, the said person can be allotted the said land and as the petitioners are in possession of the evacuee property over 50 years, therefore, the Collector, Vidisha may initiate proceedings to execute the conveyance deed in favour of the petitioners, so that the petitioners can become the valid title holder of the property. On the basis of the said correspondence, the Collector executed the conveyance deed and in pursuance thereof the petitioners became the title holder of the land in question.

5. To the surprise of the petitioners vide impugned order dated 25.5.2012 they got knowledge that respondent No.1 has cancelled the earlier order dated 08.10.2009 on the ground that the said order was passed after the repeal of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 in the year 2005 and, therefore, order dated 8.10.2009 was beyond jurisdiction and c