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2025 DAILYLAW 45812 (ALL)

ASMAT JAHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/14570/2025 · 2025-05-07

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74795-DB Court No. - 39 Case :- WRIT - C No. - 14570 of 2025 Petitioner :- Asmat Jahan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Arif,Sabiyun Haidari,Saher Naqvi Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Ms. Saher Naqvi, learned advocate appears on behalf of petitioner and submits, the property belongs to her client. Respondent no.4 issued impugned notice dated 25th January, 2021 to her husband alleging it is enemy property. On her husband informing the authority, also impugned notice dated 13th January, 2023 was issued, this time to her client, requiring her to purchase the property at Rs.38,22,000/-. She submits, the notices be set aside and quashed. 2. Mr. Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State. He points out, the option to purchase, given by said letter dated 13th January, 2023 has long expired. Petitioner must find her remedy under provisions in Enemy Property Act, 1968. 3. It appears from impugned letters, the property was taken to be enemy property and offer made by later letter dated 13th January, 2023 to petitioner, for purchasing it. Petitioner's grievance, therefore, is against the declaration of the property as enemy property. She must find her remedy. 4. With above observation, the writ petition is disposed of. Order Date :- 8.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad