Neutral Citation No. - 2025:AHC:35653-DB Court No. - 29 Case :- WRIT - C No. - 39301 of 2024 Petitioner :- Sajjad Hussain Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. Grievance of the petitioner was noticed while entertaining the writ petition on 27.02.2025 vide following orders:- "It is submitted that petitioner is recorded bhumidhar over the land in question and without any authority of law, the State authorities are not permitting the petitioner to cultivate his land. Learned State counsel prays for and is granted 10 days' time to obtain instructions. Post as fresh on 11th March, 2025." Instructions have been received from Sub-Divisional Magistrate, Budaun, according to which the property is enemy property and vests in the custodian. It is also stated that the petitioner is coming up with contradictory statement inasmuch as at one stage, he claims to be in adverse possession while at other stage, he is claiming to have acquired the property in auction conducted by the custodian. In the writ petition, we find no documents to be annexed in order to demonstrate nature of the right which the petitioner has over the property in question although mutation entries are annexed but the basis of such claim is not substantiated. In that view of the matter, we deem it appropriate to relegate the petitioner to approach the District Magistrate, Budaun annexing all documents in support of his claim in respect of the property in question. It will be open for the District Magistrate to get the facts verified in respect of the alleged claim of the petitioner over the property which admittedly was declared as enemy property earlier. An appropriate order after due opportunity to the petitioner would be passed within a period of three months. Accordingly, the present writ petition stands disposed of. Order Date :- 11.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad