- (1.) Heard Shri Shyam Mohan learned counsel for the petitioner and the Additional Solicitor General of India Shri S. B. Pandey, learned Senior Advocate assisted by Shri Raman Pandey for opposite party no.1 while the notices have been received on behalf of the opposite parties no.2 to 4 by the office of the Chief Standing Counsel.
(2.) The petitioner by means of the present petition has prayed for the following reliefs:- (i) issue a writ, order or direction or writ in the nature of certiorari quashing the orders dated 17.07.2020 and 14.08.2020, passed by the respondent no.1 and respondent no.3 as contained in Annexure No.1 & Annexure No.2, order dated 13.02.2020 passed by the respondent no.2 as well as order dated 18.01.1975, passed by the respondent no.1, contained Annexure No.3 & 4 to the writ petition respectively. (ii) issue a writ, order or direction or writ in the nature of mandamus commanding the respondents not to proceed in pursuance of the aforesaid impugned orders.
(3.) It has been submitted by the learned counsel for the petitioner that the property in question which is being treated as an enemy property by the respondent no.1 actually belonged one Jafar Hasan, son of Muzaffar Ali who is the real uncle of the present petitioner. It has been submitted that Jafar Hasan alongwith other co-sharers which included the father of the present petitioner amongst other were the joint tenure holders of Khasra Nos.1106, 1130, 1268, 826, 827, 1037, 1048, 1097, 1102, 1103, 1137, 1138, 1153, 1165, 1174, 1175, 1192, 1216 and 1218. Jafar Hasan had executed a Will on 01.10.1970 in favour of the petitioner (real nephew) and upon the death of Jafar Hasan on 20.06.1974 his shares devolved on the petitioner and moreover the name of the petitioner was also mutated and he continued to remain in possession of the property in question.;