ASHAN UR RAB AND ORS vs CIPI AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 01.12.2025 % Judgment delivered on: 10.12.2025 + W.P.(C) 18182/2025 & CM APPL. 75197/2025 ASHAN UR-RAB AND ORS. .....Petitioners Through: Dr. Hilaluddin, Advocate versus CEPI AND ANR .....Respondents Through: Mr. Akshit Mohan and Mr. Aman Naqvi, Advocate for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. -: CHALLENGE :- 1. This petition filed under Article 226 of the Constitution of India seeks to challenge the order dated 04.09.2025 passed by the Government of India, Ministry of Home Affairs, under Section 18 of the Enemy Property Act, 1968, whereby, the representation made by the petitioners against vesting of the property bearing no. 481 situated at Chatta Haji Mohd. Yusuf, Chitla Gate, Churiwalan, Delhi – 110006 (hereinafter referred to as the “subject property”) in the Custodian of Enemy Property for India (hereinafter referred to as the “Custodian”), has been rejected. W.P.(C) 18182/2025 Page 1 of 15 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:10.12.2025 15:31:46 The petitioner also challenges the order dated 22.10.2010 passed by the Custodian under Section 5 read with Section 24 of the Enemy Property Act, 1968, whereby the subject property was held to have been vested in the Custodian with a further observation that the subject property shall remain vested in the Custodian till it is divested by the Central Government under Section 18 of the Enemy Property Act, 1968. By the said order, a certificate under Section 5 read with Section 12 of the Enemy Property Act, 1968 was also issued on the same date, i.e. 22.10.2010, which is also under challenge herein. The petitioners have also laid challenge to Rules 133