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2025 DAILYLAW 76180 (ALL)

FAKHRUDDIN AHMAD v. UNION OF INDIA AND 10 OTHERS

WRIC/22938/2025 · 2025-07-24

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122600-DB Court No. - 3 Case :- WRIT - C No. - 22938 of 2025 Petitioner :- Fakhruddin Ahmad Respondent :- Union Of India And 10 Others Counsel for Petitioner :- Adeel Siddquie,Anjani Kumar,Gaurav Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C.,Vineet Sankalp Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Additional Solicitor General of India assisted by Shri Vivek Kumar Singh, learned counsel appearing for respondent Nos. 1, 2, 3, 6 and 11 as well as Shri Satyam Rawat, Advocate holding brief of Shri Vineet Sankalp, learned counsel for respondent Nos. 7 and 10. 2. Learned A.S.G.I. has submitted that a provision for reference under Section 18 of the The Enemy Property Act, 1968 (hereinafter referred to as 'the Act'), is present and the petitioner should apply under that provision to seek the relief, he is seeking in the present writ petition. 3. We are consensus ad idem with the view canvassed by the respondents' counsel and, accordingly, direct the petitioner to file a reference application under Section 18 of the Act within a period of two weeks from the date. 4. If such an application is filed within two weeks, the authorities concerned are directed to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order in accordance with law within a period of eight weeks from the date of filing of the said application. 5. With the above directions, the writ petition is disposed of. Order Date :- 25.7.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad