HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12801 of 2018 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties. 2. In the present writ petition, the following prayers have been made by the petitioner:- "1. issue a writ, order or direction in the nature of certiorari quashing the order dated 20th March, 2018, 15.5.2017 and the order dated 23.11.2007 passed by the respondent nos.1 and 2 respectively. 2. issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to pass specific order under Section 18 of the Act 1968 in respect of Gata no.866 area 1.02 acres situated in village Chilloli, Pargana Kampil, Tehsil-Kayamganj, District Farrukhabad in favour of petitioner. 3. issue any other suitable writ petition, order or direction and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case. 3. award the cost to the petition in favour of the petitioner." 3. It appears that subsequent to filing of this writ petition by order dated April 9, 2018, an interim order was passed which is delineated below:- "Learned counsel for the respondents wants some time to complete the instructions in the matter. Time prayed for is allowed. Let this petition for writ be listed on 17.04.2018. Till then, the petitioner shall not be dispossessed from the property in Versus Counsel for Petitioner(s) : Devansh Misra, Sanjeev Kumar Singh, Udai Karan Saxena(Senior Adv.) Counsel for Respondent(s) : A.S.G.I., C.S.C., Pramod Kumar Singh Azahar Jama Khan .....Petitioner(s) Union Of India And 10 Others .....Respondent(s) question." 4. Subsequently, it appears that the representation made by the petitioner which is the prayer -2 of the petitioner was acted upon by the authorities and a communication dated March 20, 2018 was made to the petitioner which is quoted below:- "Subject: Representation under section 18 of Enemy Property Act for transfer of the Property Gata No.866 situated in village Chilloli, Pargana-Kampil, Tehsil-Kayamganj, Dist.-Farrukhabad vested in the custodian of enemy property. Sir, Please refer to your representation dated 27.01.2018 under section 18 of the Enemy Property Act on the subject cited above and to say that the newly amended Enemy Property (Amendment & Validation) Act, 2017, passed by the Parliament, has come into effect after getting assent by the Hon'ble President of India on 14.03.2017. The framing of rules and guidelines for implementation of the said Act, including Section 18; related to transfer of property vested as enemy property in certain cases in the Custodian of Enemy Property for India has been finalized and likely to be notified very soon. 2. Hence, your representation referred to above will be considered as and when the amended rules & guidelines are notified and after affording you a reasonable opportunity. Yours Sincerely, (Brajesh Kumar Singh) Under Secretary to the Govt of India" 5. It is surprising that the authorities have chosen to stay its hands in deciding the representation of the petitioner when there was no bar for doing so in any manner. 6. In light of the same, we dispose of this writ petition directing the authority concerned to decide the representation of the petitioner filed under Section 18 of Enemy Property Act, 1968 after granting an opportunity of hearing to the petitioner within a period of six weeks from date. 7. Subsisting interim order to continue for a period of eight weeks from date or till disposal of the representation of the petitioner whichever is earlier. 8. We also make it clear that the petitioner is restrained from creating any third party rights for a period of eight weeks from date. WRIC No. 12801 of 2018 2 9. With the above directions, the writ petition is disposed of. September 9, 2025 Dev WRIC No. 12801 of 2018 3 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad