Delhi High Court - Orders
Kamlesh Sharma And Ors vs Union Of India & Anr on 17 November, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~114
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15875/2022
KAMLESH SHARMA AND ORS. ..... Petitioners
Through: Ms. Gurmeet Bindra, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Alok Singh, Sr. Panel
Counsel with Ms. Seema Singh,
G.P. with Mr. Gaurav Bhardwaj
and Mr. Shiva Singh Chauhan,
Advs. for UOI
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 17.11.2022 CM APPL. 49414/2022 (for exemption) Allowed, subject to all just exceptions. The application shall stand disposed of. W.P.(C) 15875/2022 and CM APPL. 49413/2022(Interim Direction)
1. The instant writ petition raises a question with respect to the action taken by the respondents in treating the entire area comprised in Khata No.3, Plot No.84 (1/2 Share), Khasra Nos. 1131, 1132, 1133 and 1134 situate in Village Baraula, Tehsil Dadri District Gautum Budh Nagar as enemy property.
2. Learned counsel for the petitioners contends that as per the disclosures appearing on the web portal of the Custodian of Enemy Property itself, only half share of the property in question was declared as enemy property. Learned counsel has also referred to the reports submitted by the Revenue officials and on the basis of which it Signature Not Verified Digitally Signed By:NEHA Signing Date:17.11.2022 15:53:52 is contended that the portion of the subject property which is occupied by the petitioners does not fall within the contours of the enemy property and the same has been duly demarcated.
3. Learned counsels appearing for the Union respondents pray for time to obtain instructions.
4. In the meanwhile, the respondents shall stand restrained from interfering with or disturbing the possession of the petitioners to the extent noticed above.
5. Although the second respondent is stated to have been placed on advance notice, none has appeared on his behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service upon the said respondent through all permissible modes including via approved service.
6. Let the matter be called again on 21.12.2022.
7. Order dasti.
YASHWANT VARMA, J.
NOVEMBER 17, 2022 neha Signature Not Verified Digitally Signed By:NEHA Signing Date:17.11.2022 15:53:52