- (1.) Let this matter not be treated as having been heard in part by the Bench comprising Altamas Kabir ana Cyriac Joseph, JJ. and let it be taken up by the Regular Bench.
(2.) I.A. No. 49 of 2010, has been filed by Raja Mohammed Amir Mohammed Khan, in Contempt Petition No. 87 of 2006, which had been filed in C.A. No. 2501 of 2002, and disposed of by the order dated 6th March, 2009. Since certain problems had arisen with regard to the implementation of the judgment and order dated 21st October, 2005, certain clarifications were sought for and on 8th September, 2006, it had been directed as follows: These special leave petitions are disposed of with the clarification that persons who were inducted/allotted properties by the Custodian or who came in possession after 1965 i.e. on or after declaring the property of Raja Mahamudabad as enemy property and appointment of the custodian have to vacate the properties in their possession. Persons claiming possession prior to the appointment of the Custodian declaring the property of Raja Mahamudabad, father of the Respondent, as enemy property, based on duly authenticated tenancy created by the then Raja Mahamudabad or his General Power of Attorney shall not be covered by this Court's judgment passed in Civil Appeal No. 2501 of 2002 dated October 21, 2005, titled Union of India and Anr. V/s. Raja Mohammed Amir Mohammad Khan, 2005 8 SCC 696.
(3.) In order to give effect to the same, a former Judge of this Court, the Hon'ble Mr. Justice D.P. Wadhwa, was entrusted by this Court with the task of deciding as to which of the claimants or other applicants were in actual possession of the premises under their occupation on or prior to 11th September, 1965, when the Estate of the late Raja came to be vested in the Custodian. Such decision was required to be taken on the basis of the materials to be made available to the Hon'ble Judge or on the strength of the affidavits and other documents, which had been made available to the Custodian or were to be made available by the parties, together with affidavits and other documents filed before Justice Goswami and such other documents, which might be supplied by the applicants of the Estate of the late Raja or by the State of U.P. It was made very clear that the Hon'ble Judge would not be required to embark upon a judicial determination of the rights of the claimants in arriving at his decision.;