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2025 DAILYLAW 36149 (ALL)

KAMIL RAFI AND 10 OTHERS v. UNION OF INDIA AND 4 OTHERS

WRIC/10086/2025 · 2025-04-07

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50770-DB Court No. - 29 Case :- WRIT - C No. - 10086 of 2025 Petitioner :- Kamil Rafi And 10 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan Counsel for Respondent :- A.S.G.I.,Ajay Kumar Gautam,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Pursuant to the orders passed on previous occasion, Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Ajay Kumar Gautam, learned counsel for the respondents, have obtained instructions, copy of which is taken on record. As per the instructions, orders have already been passed by the competent authority declaring the property as 'enemy property' in the year 2008 and 2010. These order have been served upon the counsel for the petitioners today in Court. Learned counsel for the petitioners states that though, petitioners have the remedy of approaching the Central Government under Section 18, but the limitation for such approach has already expired long back. It is also submitted that the orders of 2008 and 2010 have never been served on the petitioners. Once that be so, we permit the petitioners to represent against the orders of the competent authority declaring the property in question as 'enemy property' within three weeks from today. If such representation is made along with copy of this order, the same shall be entertained without raising any objection with regard to limitation. The Central Government shall also accord consideration to such representation on merits and in accordance with law within a period of three months. With the aforesaid observation/direction, this petition stands disposed of. Order Date :- 8.4.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad