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2009 Supreme(All) 3595

SUNIL AMBWANI, VIRENDRA SINGH
ALLAHUDDIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Ashish Agrawal, M.K. Gupta, S.A. Khan, Mahesh Chandra Tiwari for the Petitioner; A.K. Gupta, C.S.C. for the Respondents.

JUDGMENT

By the Court.—The writ petitioners have prayed for quashing the order dated 4.8.1984 passed by the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, declaring the disputed property, including a plot measuring 1400 sq. feet on which Shri Mangal Sen is running Novelty cinema of which a portion being used by Prem Chandra for doing business of coal; six houses in Saray Barambeg; seven shops in Sabji Mandi, Aligarh including a staircase ; two shops in Bazar Gudari Aligarh etc., the details of which are given in the order under challenge.

2. We have heard Shri M.K. Gupta, learned counsel for the petitioners. Learned Standing Counsel appears for the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, Aligarh-respondent No. 4 and Tehsildar of Tehsil Koil, Distt. Aligarh-respondent No. 5. The notices were served but no one appears for the Central Government. Shri A.K. Gupta appears for Shri Madhu Sudan Gopal-respondent No. 6, the tenant of the property.

3. The facts stated in the writ petition in brief are that the properties were initially owned by Shri Imamuddin. After his death the properties were partitioned by a registered arbitration award dated 19.















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