RASHEED AHMED KHAN v. THE UNION OF INDIA AND 2 OTHERS
WRIC/42718/2024 · 2025-02-27
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112770 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112770 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28625-DB Court No. - 29 Case :- WRIT - C No. - 42718 of 2024 Petitioner :- Rasheed Ahmed Khan Respondent :- The Union Of India And 2 Others Counsel for Petitioner :- Mohd Haider Counsel for Respondent :- A.S.G.I.,C.S.C.,Vivek Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Vivek Kumar Singh, learned counsel for the respondents. Petitioner is aggrieved by the entry made in the revenue records with regard to property in question being enemy property. This entry has been made on 31.9.1972.
Learned counsel for the petitioner submits that petitioner was never informed of such entry and he continues to be in possession. It is, therefore, submitted that the authorities cannot be allowed to interfere with the petitioner's right. An objection is taken to the maintainability of the writ petition on the ground that once the property has been declared as enemy property remedy of the petitioner would be to seek appropriate declaration from the Central Government in terms of Section 18 of the Enemy Property Act, 1968. In view of the fact that petitioner has a remedy of approaching the Central Government for necessary relief, we are not inclined to entertain the present writ petition, which is, accordingly, dismissed. It is, however, provided that if the petitioner approaches the Central Government with an appropriate representation, in terms of above liberty, within a period of two weeks from today, the same shall be entertained and shall dealt with, in accordance with law, expeditiously. Any further action in respect of the property will abide by the adjudication to be made by the Central Government provided such representation is made within the period provided by the Central Government. Till then, status quo will be maintained with regard to nature and possession of the property in question.
Order Date :- 28.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad