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2025 DAILYLAW 90308 (ALL)

ISHRAT HUSSAIN AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/30399/2025 · 2025-10-08

Ajit Kumar, Swarupama Chaturvedi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30399 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the parties. 2. By means of present petition filed under Article 226 of the Constitution, petitioners have questioned the public notice dated 24.06.2025 and also the auction notice dated 25.06.2025 in respect of the land in question which is in the custody of the Custodian Enemy Property. 3. Shri Sudarshan Singh, learned counsel appearing for the respondents submits that the property had stood vested in the custodial enemy property on 16.2.1970 but the said order has not been challenged till date. 4. Upon the pointed query being made, learned counsel appearing for the petitioners submits that petitioners were not aware of the order of vesting. Copy of the instruction is also supplied to the learned counsel for the petitioner. 5. In the circumstances, we decline to grant indulgence in the matter with liberty to the petitioner to avail appropriate remedy under the Enemy Property Act, 1968 as amended in the year 2019. 6. In view of the above, this petition is consigned to records. October 9, 2025 Shiv Versus Counsel for Petitioner(s) : Durga Prasad Tiwari, Kamal Ji Kesharwani, Shrawan Kumar Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Manoj Kumar Singh (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Ishrat Hussain And 7 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad