Court No. - 38
Case :- WRIT - C No. - 38494 of 2018 Petitioner :- Mohd. Mobin Khan Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Mahboob Ahmad Siddiqui,Faizul Hasan Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Mahboob Ahmad Siddiqui, learned counsel for the petitioner, Sri Pramod Kumar, learned counsel for the respondent nos. 1 and 2 and learned Standing Counsel for the respondent nos. 3 to 6.
By means of this writ petition, the petitioner has challenged the order dated 01.10.2007, by which the property of the petitioner had been declared enemy property under the Enemy Property Act, 1968.
According to the petitioner, the property in question is the waqf property and waqf was created in the year 1927. The petitioner claims himself to be Mutwalli for the said waqf and submits that he had no knowledge of the order dated 01.10.2007. The petitioner came to know about the order passed only on 05.11.2018 when a notice was pasted, declaring 1/8th portion of the property to be enemy property as that portion belongs to the brother of the petitioner, who had migrated to Pakistan.
It is to be noted under the Enemy Property (Amendment and Validation) Act, 2017, the petitioner has remedy to file a reference against declaration of enemy property. Therefore, their being statutory alternative remedy available, we are not inclined to interfere with the same. The petitioner may file reference, in accordance with law, before the appropriate forum.
Accordingly, the writ petition is dismissed. Order Date :- 27.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)