Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Arvind Kumar Singh, learned counsel for the petitioners and Shri Praveen Kumar, learned Counsel for the Union of India.
The present petition has been preferred by the petitioners for the following relief:-
"a Issue a writ order or direction in the nature of mandamus directing the respondents not to evict or demolish the house no.C-174/133 situated on the gata no.134, 135, 136, 137/4 & 139/1 at Mohalla: Nizampur, Tahsil: Sadar, District: Gorakhpur under the garb of the alleged proceedings initiated under the Enemy Property Act, 1968.
b. issue a writ, order or direction in the nature of certiorari to quash the notice dated 21.2.2020 (Annexure No.7) issued by respondent no.2."
Learned counsel for the petitioners vehemently contended that the notice under Section 11 of the Enemy Property Act, 1968 is wholly without jurisdiction inasmuch as Gata Nos.134, 135, 136, 1374 & 139/1, over which the house No.87 situates, are no longer evacue or enemy property since 10.12.1956, rather it was duly sold to one Shri Govind Singh by the custodian on 27.1.1956. Thereafter, late Shri Govind Singh had sold the property to the mother of petitioners Smt. Noor Sbah Bibi through registered sale deed dated 7.8.1961. He submits that earlier also a notice dated 26.8.2016 under Section 11 of the Enemy Property Act, 1968 was issued by the Chief Supervisor/custodian to the elder brother of the petitioners Shri Musheer Ahmad, which was duly responded on 03.11.2016 and since then no decision has been taken and in most arbitrary manner, the present notice has been issued.
Per contra, learned counsel for the Union of India has raised an objection regarding maintainability of the writ petition at this stage and submits that the proceedings have been initiated and the same are still pending consideration. In case any detailed objection is filed then definitely before passing the final order the same shall be considered by the authority concerned.
Once the proceedings are pending consideration and in the mid of the proceedings no interference is required.
In the facts and circumstances, at this stage the Court is not inclined to interfere in the on going proceedings but certainly such proceedings are to be finalized strictly in accordance with law after giving opportunity of hearing to all the stake holders in the matter.
The writ petition stands disposed of accordingly.
It is made clear that the Court has not expressed any opinion on the merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification.
Order Date :- 11.1.2021 T. Sinha