JUDGMENT

The Court:

The writ petitioner alleges to be a co-owner of the premises no.21, Ganesh Chandra Avenue, Kolkata – 700 013.

2. The petitioner alleges that he resides with his family on a portion of the fifth floor of the premises. The rest of the premises, according to him, is occupied by his tenants.

3. Due to accidental fire and consequential damages, repair work was going on at the said premises. The petitioner had been residing elsewhere with his family due to the renovation and repair work going on at the premises no.21, Ganesh Chandra Avenue, Kolkata – 700013.

4. On November 27, 2021, the petitioner discovered a noticed issued by one Avishek Agarwal, Assistant Custodian of Enemy Property/Estate Officer, which declared that the property is an enemy property as per the provisions of the Enemy Property Act. It further stated that, in compliance of Order dated November 24, 2021 issued by CEPI under Section 8 of the Act, the vacant possession of property bearing no.21, Ganesh Chandra Avenue, Kolkata – 700 001 was thereby taken over and the property had been sealed by the CEPI and that any trespasser shall be prosecuted in accordance with law.

5. The petitioner replied to the