Delhi High Court - Orders
Syed Zahid Ali And Ors vs Union Of India on 9 February, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:10.02.2021
11:55:14
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1654/2021 & CM APPL. 4722/2021
SYED ZAHID ALI AND ORS. ..... Petitioner
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Govind Jee, Mr. Umar Iqbal
and Mr. Saurabh Seth, Advocates
versus
UNION OF INDIA ..... Respondent
Through: Mr. Chetan Sharma, ASG, Mr.
Kirtiman Singh, CGSC with Mr. Amit
Gupta, Mr. Vinay Yadav, Mr. Akshay
Gadeock, Mr. Sahaj Garg, Mr. R.
Venkat Prabhat, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 09.02.2021
1. This hearing has been done through video conferencing.
2. The present writ petition has been filed by the Petitioners claiming to have rights in the assets relating to Nawab Mir Yousuf Ali Khan Salar Jung Bahadur - III of Hyderabad Deccan (hereinafter Nawab SalarJung III) who died on 2nd March, 1949.
3. The Petitioners claim that they are the legitimate legal heirs and successors of Nawab Salar Jung III. It is also their case that they have obtained a succession certificate with respect to the shares, insurance policies, bank deposit debts, securities as per Schedules of the Nawab Salar Jung Bahadur (Administration of Assets) Act, 1950, from ld. Civil Judge (Senior Division), Aurangabad on 18th April, 2020. In view of the said succession certificate they seek release of their assets which, according to Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.02.2021 21:03 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:10.02.2021 11:55:14 them, are in the custody of the Government of India, as per the provisions of the Nawab Salar Jung Bahadur (Administration of Assets) Act, 1950 and the Salar Jung Museum Act, 1961.
4. Mr. Chetan Sharma, ld. ASC appearing for the Union of India raises preliminary objections as to territorial jurisdiction, as also in respect of maintainability given the fact that a writ petition which was preferred by the Petitioners before the Supreme Court has not been disclosed in the present petition.
5. Let a copy of the said writ petition preferred before the Supreme Court be placed on record along with the orders passed therein.
6. The matter would be firstly heard on these two issues i.e., territorial jurisdiction and maintainability, on the next date of hearing.
7. List on 1st March, 2021.
PRATHIBA M. SINGH, J.
FEBRUARY 9, 2021 Dj/Ap Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:09.02.2021 21:03