KUNWAR RAVINDRA SINGH v. UNION OF INDIA AND 2 OTHERS
WPIL/1286/2025 · 2025-05-20
Anish Kumar Gupta, Manoj Kumar Gupta
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61363 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:85554-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.43) Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1286 of 2025 Petitioner :- Kunwar Ravindra Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Pankaj Misra Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayers have been made in the writ petition, which has been filed ostensibly in public interest:
"(i) Issue Writ order or direction in the nature of mandamus directing the respondents to take over possession of enemy property situated in Kasba Nanauta Tehsil Rampur Maniharan District Saharanpur and to deal with the property in accordance with section 8 of the Enemy Property (Amendment and Validation) Act, 2017. (ii) Issue Writ order or direction in nature of mandamus declaring all mutations, transfers, or retransfer with regard to enemy property situated in Kasba Nanauta Tehsil Rampur Maniharan District Daranpur to be null and void and further to void and further to charge penalty for
unauthorized
occupation
of
enemy
property. (iii) Issue Writ order or direction in the nature of mandamus against the Revenue and Consolidation Authorities who despite knowledge of enemy property illegally mutated the names of bhumafia / strangers in the consolidation / revenue records over enemy a property."
2. Learned counsel for the petitioner submits that the subject land was enemy property and it had vested in the custodian. However, the Authorities in collusion with certain private persons have permitted mutation of the name of certain persons as bhumidhar and thereafter, successive transfers have been made. It is submitted that in the given facts, all mutations, transfers, re-transfers should be declared as null and void treating property to be enemy property. 3. Sri S.P. Singh, learend Additional Solicitor General assisted by Sri Vivek Kumar Singh, submits that there was no order vesting the subject land in custodian. He has placed on record a communication received by him on 16.05.2025, from Deputy Custodian of Enemy Property of India wherein, it is unequivocally stated that till date the property has not been declared as Enemy Property. 4.
Even otherwise, we find that in a report dated 30.07.2022 submitted by the Consolidation Authorities to ADM (Finance and Revenue)/In-Charge Officer (Enemy property), Shaharanpur, it is mentioned that the names of the farmers have been mutated in the revenue records on basis of various orders passed by the Consolidation Authorities. The orders on basis of which the mutations have been made are not part of the writ petition nor are under challenge nor the affected parties are party to the instant proceedings. 5. In such circumstances, we are not inclined to entertain the petition and the same is accordingly dismissed. Order Date :- 21.5.2025
Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad