17.07.2026 Item No.3 Ct. No. 19 PG WPA 2318 of 2025 Khandekar Motlub Alam & Anr. Vs. The Union of India & Ors. Mr. Mainak Basu Mr. Khairul Alam ……….for the petitioners Mr. Nilanjan Bhattacharjee, Sr. Adv. Mr. Nilanjan Pal Ms. Jayita Dhar Chakraborty Mr. Akash Adak……………for the State 1. Affidavit of service, as filed today on behalf of the writ petitioners is taken on record. None appears on behalf of the Union of India and/or the Department of Home Affairs, Custodian of Enemy Property in India despite service. 2. Learned advocate appearing on behalf of the writ petitioners and the learned advocate for the respondent/State are present. 3. The subject-matter of the instant writ petition is the order dated 18.12.2024, as passed by the respondent no. 2 authority in a proceeding under section 18 of the Enemy Property Act, 1968 (‘Act of 1968’ in short). 4. At the time of hearing, learned advocate appearing on behalf of the writ petitioners has handed over a server copy of the order dated 12.06.2025, as passed by this Court in W.P.A. 8250 of 2025 (Maimur Rahaman & Ors. vs. 2 The Union of India & Ors.). It is argued on behalf of the writ petitioners that while disposing the said W.P.A. 8250 of 2025, in which an order under section 18 of he Act of 1968 was assailed, this Court has held that as against the said impugned order, a regular First Appeal lies in terms of section 18C of the Act of 1968. 5. It is, thus, submitted that an appropriate order may be passed keeping in parity with the order dated 12.06.2025, as passed in W.P.A. 8250 of 2025. 6. Per contra: Mr. Pal, learned advocate appearing on behalf of the respondent/State submits before this Court that in view of section 18C of the Act of 1968, the instant writ petition is not maintainable. 7. On careful perusal of the entire materials on record vis-à-vis the earlier order dated 12.06.2025, as passed by this Court in W.P.A. 8250 of 2025 and after hearing the learned advocates for the contending parties, it appears to this Court that the subject-matter of the instant writ petition is identical with the facts and circumstances as involved in W.P.A. 8250 of 2025. 3 8. It further appears to this Court that the order impugned, as passed by the respondent no. 2 authority under section 18 of the Act of 1968 is an appealable order before the High Court. 9. In view of such, while disposing the instant writ petition, this Court permits the writ petitioners to file a regular First Appeal under section 18C of the Act of 1968 assailing the order dated 18.12.2024, as passed by the Joint Secretary to the Government of India, Ministry of Home Affairs (FFR Division) positively within 30 working days from today, if so advised. However, keeping in mind that the writ petitioners are pursuing their remedy in a wrong forum, this Court directs the department not to give any endorsement of delay in filing the appeal, if the said appeal is filed within the period, as indicated hereinabove. 10. Before parting with, it is further made clear that while dealing with the instant writ petition, this Court has not gone into the merits of the instant writ petition and since affidavits have not been called for, the allegations made in the instant writ petition are deemed to have been denied. 4 11. Department is directed to act on the basis of the server copy of this order. 12. With the aforementioned observation, the instant writ petition being WPA 2318 of 2025 is disposed of. 13. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (PARTHA SARATHI SEN, J.)