JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition is made to the order dated 04.12.2007 passed by the respondent no. 4/Custodian, Enemy Property for India (“CEPI”). By this order, the CEPI required the District Magistrate, Udham Singh Nagar under Section 8 of the Enemy Property Act, 1968 (“the EP Act”) to take into possession, manage, preserve a part of property mentioned therein and consequential orders.

FACTS

The Petitioners

2. The petitioners’ case is as follows:-

(i) The petitioners are Bhumidhar Tenure Holders of about 10 acre land situated in Village Darau, Tehsil Kichha, District Udham Singh Nagar being Plot Nos. 1052 Min, 1152, 1157, 1111, 1112, 1113, 1114, 1119, 1120 Ka, 1121, 1122, 1123, 1124, 1153, 1154, 1155, 1156, 1166 and 1241 (“the disputed property”). The father of the petitioners late Sri Abdul Wahid Khan along with his two brothers was in cultivatory possession of the disputed property. A case No. 50/90-91, under Section 9-A (2) of the Uttarakhand Consolidation of Holdings Act, 1953 (“the CH Act”) (“the case”) was initiated and vide order dated 26.06.1991, the Consolidation Officer, Khatima, Camp Kichha rejected the objection of the State that the disputed