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2026 DAILYLAW 17374 (DEL)

NAFIS- UL AFRIN & ORS. v. UNION OF INDIA & ANR.

W.P.(C)/12611/2026 · 2026-08-31

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010407242026 + W.P.(C) 12611/2026 & CM APPL. 58510/2026 NAFIS- UL AFRIN & ORS. .....Petitioners Through: Mr. T. S. Ahuja, Mr. Varun Ahula and Ms. Yukta Batra, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr..Rohan Jaitley, CGSC, Mr. Dev Pratap Shahi (GP), Mr. Akshay Sharma, Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Ms Sanya Arora, CEPI, MHA, Advocates for UOI. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 31.08.2026 CM APPL. 58511/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 12611/2026 & CM APPL. 58510/2026 3. By way of the present petition, the petitioner is seeking following prayers: “a) Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned Order dated 04.06.2025 passed by the Respondent No. 2, the Assistant Custodian of Enemy Property for India; b) Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the consequential Certificate dated 06.06.2025 issued by Respondent No. 2 under Sections 5A and 12 of the Enemy Property Act, 1968, and all consequential actions arising therefrom; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 14:04:03 c) Issue a Writ of Mandamus or any other appropriate writ, order or direction, restraining the Respondents, their agents, or anyone acting on their behalf from taking any coercive action against the Petitioners or interfering with their possession, management, and enjoyment subject Wakf properties pursuant to the impugned Order and Certificate.” 4. Issue notice. The learned CGSC accepts notice on behalf of respondent no. 1/UOI. 5. The learned CGSC appearing for respondent no.1/Union of India submits that the hearing in the matter was being conducted till December, 2025; however, no hearing has taken place after 03.02.2026. He assures this Court that a fresh date of hearing shall be granted to the petitioner and that the matter shall be considered and decided expeditiously. 6. Having heard learned counsel for the parties and in view of the aforesaid assurance, this Court finds it appropriate to direct that the present petition be treated as a representation on behalf of the petitioner. The respondents shall accordingly grant a fresh date of hearing to the petitioner and, after affording an effective opportunity of hearing, consider and decide the representation expeditiously, preferably within a period of six months from date, by passing a reasoned and speaking order, in accordance with law. The decision so taken shall be duly communicated to the petitioner. 7. In above terms, the present petition along with pending applications, if any, stands disposed of. 8. In case of any further grievance, the petitioner will be at liberty to approach this Court. 9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 31, 2026/vc/vs This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2026 at 14:04:03