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2023 Supreme(UK) 283

VIPIN SANGHI, RAKESH THAPLIYAL
Mahmood Ali – Appellant
Versus
Government of India – Respondent


Advocates:
Advocate Appeared:
For The Petitioner: Mr. B.P. Nautiyal, learned Senior Counsel assisted by Mr. Jitendra Chaudhary, Mr. Mohd. Matlub, Mr. Syed Kashif Jafri and Mr. Shashi Kiran, learned counsels.
For the Respondent:Mr. Rajesh Sharma, learned Standing, Mr. S.N. Babulkar, learned Advocate General assisted by Mr. C.S. Rawat, learned Chief Standing Counsel, Mr. Ajay Singh Bisht, learned counsel.

JUDGMENT :

Vipin Sanghi, J.

Nine individual petitioners have preferred the present Writ Petition to seek the quashing of the Eviction Notices dated 04.05.2023 issued by respondent no. 5 – Sub Divisional Magistrate (SDM)/ Assistant Custodian of Enemy Property for India, Nainital, District Nainital. They also assail the order dated 24.06.2023 passed by respondent no. 5, disposing of the aforesaid notices after considering the replies of the petitioners, and directing the eviction of the petitioners from the property known as Metropole Hotel, Mallital, Nainital. The petitioners also seek directions to the respondents, not to evict the petitioners in pursuance of the Eviction Notice dated 04.05.2023, and the order dated 24.06.2023, aforesaid. The petitioners also seek a direction to the Government of India, and the State of Uttarakhand to provide alternative places for their residence, or their rehabilitation, in nearby places of Nainital city.

2. The case of the petitioners is that all of them, since the time of their forefathers, have been residing in the outhouses of the property known as “Metropole Hotel”, Mallital, Nainital. The petitioners, inter alia, state that Metropole Hotel at

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