Court No. - 38
Case :- WRIT - C No. - 42220 of 2018 Petitioner :- Syed Mohd. Anjum And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- C.S.C.,A.S.G.I.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Ms. Tanisha Jahangir Monir, learned counsel for the petitioners, Sri Arun Kumar Upadhyay, learned counsel for the respondent nos. 1, 2 and 3 and learned Standing Counsel for the State respondents.
The petitioners had earlier approached this Court by filing a writ petition being Writ-C No. 23922 of 2018 against the proceeding initiated against the petitioners under the Enemy Property Act, 1968. This Court vide order dated 20.07.2018 disposed of the said writ petition by providing that the petitioners may file an appeal under the provisions of Section 18 of the Act within 15 days from the date of order i.e. 20.07.2018. However, the petitioners have slept over with the matter and appeal was filed on 03.12.2018.
Grievance raised in this writ petition is that the interim application of the petitioners has not been considered by the appellate authority.
Be that as it may, since the petitioners have efficacious remedy of appeal and this Court has earlier relegated the petitioner to avail the remedy, still the petitioner took more time than allowed by this Court to file an appeal. Now petitioners are pressing for interim relief before this Court. Once the petitioners are pursuing the remedy under the statue, we are not inclined to interfere.
The writ petition lacks merit and it is, accordingly, dismissed. Order Date :- 21.12.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)