Azam Hasan Khan vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
1 WP-39908-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
th
ON THE 16 OF OCTOBER, 2026
WRIT PETITION No. 39908 of 2026
CNR No.: MPHC010708422026
AZAM HASAN KHAN
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Siddharth Gulatee - Senior Advocate with Shri Ajhar Hasan Khan - Advocate
for the petitioner.
Shri Sunil Jain - Additional Solicitor General and Shri S.M. Guru - Deputy
Solicitor General for the Union of India.
Shri Darshan Soni - Government Advocate for the State.
ORDER
The petitioner has filed the present petition under Article 226 of the
Constitution of India seeking following relief:-
"(1) Issue a Writ of Certiorari, or any other appropriate
writ, order, or direction, quashing and setting aside the
impugned eviction Notices dated 16/09/2026 (Case
Nos. 1367/ /2026 and 1369/ /2026,
अ. व.अ. अ. व.अ.
Annexure P/16) issued by Respondent No. 6 in respect
of Khasra No. 42/19/1 (Arca 0.5240 Hectare) and
Khasra No. 42/19/2 (Area 0.0830 Hectare), Village
Koh-e-Fiza, Tehsil Huzur, District Bhopal, as being
void ab initio, arbitrary, issued without statutory
jurisdiction, and contrary to the principles of natural
justice;
(2) Issue a Writ of Certiorari, or any other appropriate
writ, order, or direction, quashing and setting aside the
underlying Certificate of Vesting dated 29.04.2024 (File
No. 16-01-03/84, Annexure P/11) issued under Section
12 of the Enemy Property Act, 1968, by Respondent
No. 3 (acting through Assistant Custodian Patricia
Fialho), as being an ex-parte jurisdictional nullity issued
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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pendente lite without complying with mandatory Rules
3 and 4 of the Enemy Property Rules, 2015, and in
flagrant contradiction to the admission on affidavit that
Late Smt. Aftab Jahan Begum was not a Pakistani
national and the law laid down in P. Ummer Koya
(supra);
(3) Issue a writ, order, or direction in the nature of
Mandamus staying the operation, implementation, and
effect of the Certificate of Vesting dated 29.04.2024
(File No. 16-01-03/84, Annexure P/11) issued under
Section 12 of the Enemy Property Act, 1968, by
Respondent No. 3, pending the final adjudication,
formal pronouncement, signing, and communication of
the final order/judgment reserved by Respondent No. 2
[Joint Secretary (FF&R), Ministry of Home Affairs,
Government of India] in Case No. F. No. 37/31/2023-
EP;
(4) Issue a writ, order, or direction in the nature of
Mandamus staying the operation, implementation, and
effect of the Certificate of Vesting dated 29.04.2024
(File No. 16-01-03/84, Annexure P/11) issued under
Section 12 of the Enemy Property Act, 1968, by
Respondent No. 3, pending the final adjudication,
formal pronouncement, signing, and communication of
the final order/judgment reserved by Respondent No. 2
[Joint Secretary (FF&R), Ministry of Home Affairs,
Government of India] in Case No. F. No. 37/31/2023-
EP;
(5) Issue a Writ of Declaration declaring that all
consequential, derivative, and coercive "advance
proceedings" ( ) initiated by Respondents
अि म काय वाह
No. 5 and 6 seeking summary dispossession, eviction,
or alteration of revenue entries on the strength of the
29.04.2024 certificate, are ultra vires, illegal, and null
and void;
(6) Issue a Writ of Mandamus, or any other appropriate
writ, order, or direction, commanding Respondents No.
3, 5, and 6 not to interfere in any manner whatsoever
with the Petitioner's peaceful, settled physical
possession over the residential superstructure and
compound lands of "Riaz Manzil," Khasra No. 42
(specifically sub-divisions 42/19/1 and 42/19/2), Koh-e-
Fiza, Bhopal, and not to alter the existing revenue
status/entries, pending the formal pronouncement,
signing, and communication of the final judgment
reserved by Respondent No. 2 [Joint Secretary (FF&R),
Ministry of Home Affairs, Government of India) in
Case No. F. No. 37/31/2023-EP;
(7) Issue a Writ of Mandamus declaring that the
inaction of Respondent No. 2 in keeping the earlier Stay
Application dated 18.10.2023 undecided till date, as

Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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well as failing to act within the requested three (3) days'
time frame upon the Urgent Application transmitted on
18.09.2026, cannot be utilized by Respondents No. 5
and 6 to execute coercive dispossession; and
consequently command Respondents No. 5 and 6 to
keep proceedings in Case Nos. 1367/ /2026 and
अ. व.अ.
1369/ /2026 in abeyance sine die;
अ. व.अ.
(8) Issue a Writ of Mandamus directing Respondent No.
2 [Joint Secretary (FF&R Division), Ministry of Home
Affairs, Government of India] to pronounce, sign, and
formally communicate the final order/judgment
reserved on 21.10.2024 in Case No. F. No. 37/31/2023-
EP in a time-bound manner as this Hon'ble Court may
deem fit;
(9) Issue a Writ of Prohibition, or any other appropriate
writ, order, or direction, restraining Respondents No. 4,
5, and 6, and their subordinate officers, police force, or
machinery, from executing any summary, extra-judicial
eviction or bulldozer action against the residential
premises of "Riaz Manzil" without scrupulous
adherence to the due process of law;
(10) Award exemplary costs of this petition in favour of
the Petitioner; and
(11) Grant such other relief(s), writ, or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case to meet the ends of justice."


2. Counsel for the parties are at consensus that the issue involved in
the present case is squarely covered by the order passed by this Court in W.P.
No.41102/2026 - Mohammad Shameem Khan vs. Union of India &
Ors., decided on 01.10.2026. Therefore, the present petition may also be
disposed in the same terms.
"The petitioner has filed this petition while praying for
the following reliefs:
"(1) Issue a Writ of Certiorari, or any other appropriate
writ, order, or direction, quashing and setting aside the
impugned Eviction Notice bearing Case No.
1369/ /2026 dated 16/09/2026 (Annexure P/7)
अ. व.अ.
and all consequential proceedings arising thereunder
fixing the matter on 28/09/2026, conducted by
Respondent No. 5 in respect of Plot No. C-4, Khasra
No. 42/1/3 (Area 0.1170 Hectare), situated at Village
Koh-e-Fiza (Khanugaon), Tehsil Huzur, District
Bhopal, wherein the Petitioner's predecessor-in-title is a
recorded Co-Owner (Bhumiswami) holding a defined
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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share of 1,349 sq. ft. along with other Indian co-owners,
as being void ab initio, arbitrary, issued with a closed
and premeditated mind without statutory jurisdiction.
(2) Issue a Writ of Certiorari, or any other appropriate
writ, order, or direction, quashing and setting aside the
underlying Certificate of Vesting dated 29/04/2024
(File No. 16-01-03/84, Annexure P/8) issued under
Section 12 of the Enemy Property Act, 1968, by
Respondent No. 2, as being an ex-parte jurisdictional
nullity issued in flagrant contravention of mandatory
Rules 3 and 4 of the Enemy Property Rules, 2015 (as
amended in 2018), without pre-decisional Form 1
notice, inquiry, or hearing, insofar as it is sought to be
applied to the Petitioner's independent sub-divided
property Khasra No. 42/1/3;
(3) Issue a Writ of Declaration declaring that all
consequential, derivative, and coercive "advance
proceedings" ( ) initiated by Respondents
अि म काय वाह
No. 4 and 5 seeking summary dispossession, eviction,
or alteration of revenue entries on the strength of the
29/04/2024 certificate over Khasra No. 42/1/3, are ultra
vires, illegal, and null and void;
(4) Issue a Writ of Mandamus, or any other appropriate
writ, order, or direction, commanding Respondents No.
2, 4, and 5 not to interfere in any manner whatsoever
with the Petitioner's peaceful, settled physical
possession over Plot No. C-4, Khasra No. 42/1/3,
situated at Village Koh-e-Fiza (Khanugaon), Tehsil
Huzur, District Bhopal, and not to alter the existing
revenue entries;
(5) Issue a Writ of Prohibition, or any other appropriate
writ, order, or direction, restraining Respondents No. 3,
4, and 5, and their subordinate officers, police
machinery, or agents, from taking any summary, extra-
judicial eviction or bulldozer action against the
Petitioner's residential premises without due process of
law;
(6) Award exemplary costs of this petition in favour of
the Petitioner; and
(7) Grant such other relief(s), writ, or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case to meet the ends of justice."
2. Learned senior counsel contends that the certificate
declaring the property to be enemy property has been
issued without any order enabling the authority to issue
such certificate. It is the contention of the senior counsel
that the Enemy Property Act, 1968 (hereinafter referred
to "Act of 1968") contains provisions which are
required to be followed and which ultimately ensued in
issuance of the certificate dated 29.04.2024. The said
certificate has been brought on record vide Annexure

Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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P/8. On the basis of the said certificate, the Sub-
Divisional Officer is proceeding against the petitioner
and has issued show cause notice to him and has also
threatened that action for ousting him would be taken. It
is further contended by senior counsel that though there
exists a remedy of filing a representation in terms of
Section 18 of the Act of 1968 before the Central
Government, the petitioner has not availed the said
remedy on the ground that no notice was ever issued to
him before issuance of the certificate dated 29.04.2024.
Therefore, the petitioner has directly approached this
Court in view of the decision of the High Court of
Bombay at Goa in the case of Shane Francisco Dias
v. Union of India, through Ministry of Home Affairs
and Others reported in 2019 SCC OnLine Bom 492.
3. Per contra, Shri Jain as well as Shri Guru, who have
entered appearance before this Court on advance notice,
contended that the petitioner, without availing the
alternate remedy of filing of a representation as
available under Section 18 of the Act of 1968, has
directly approached this Court directly by way of
present petition and therefore, the petition is not
maintainable. It is further contended that the petitioner
is at liberty to submit a representation and also take
recourse to all grounds, including the ground of non-
receipt of notice, which, according to the petitioner, was
required to be issued before issuance of the certificate;
therefore, the petition deserves to be dismissed.
4. No other point is pressed or argued by counsel for the
parties.
5. Heard the submissions advanced on behalf of the
parties and perused the record.
6. A perusal of the record reflects that the action in the
case in hand is being taken by Sub-Divisional Officer
on the basis of certificate dated 29.09.2024 issued under
the provisions of the Act of 1968. There exists a remedy
of filing a representation against the said certificate.
Even in one of the cases pertaining to the same
property, i.e. Riaz Manzil, one of the occupants,
namely, Azam Hasan Khan, has preferred a
representation under Section 18 of the Act of 1968
before the Central Government which is pending
consideration. As, in all these cases, the same certificate
is the foundation on the basis of which the Sub-
Divisional Officer is proceeding with the matter, it
would be proper as well as conducive for the petitioner
to prefer a representation as per Section 18 of the Act of
1968 before the Central Government.
7. Resultantly, at this stage, declining interference with
the impugned orders/notices, the petitioner is relegated
to avail the remedy of representation as available under

Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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Section 18 of the Act of 1968.
8. In view of the aforesaid, the petition stands disposed
of with a direction that if the petitioner prefers a
representation under Section 18 of the Act of 1968
within a period of 15 days from today before the
competent authority/Central Government, the same
shall be decided by the said authority within a further 60
days by passing a well-reasoned and speaking order, in
accordance with law after affording opportunity of
hearing to petitioner.
9. Till the decision on the representation is taken by the
competent authority/Central Government, the
proceedings initiated by the Sub-Divisional Officer on
the strength of the impugned notice dated 16.09.2026
(Annexure P/7) shall be kept in abeyance and no
coercive step shall be taken against the petitioner.
10. If an adverse order is passed by the Central
Government on the representation, the same shall not be
given effect to for a period of seven days from the date
of its passing.
11. It is clarified that the authority concerned/competent
authority shall decide the representation on merits and
the same shall not be thrown overboard on the ground
of limitation.
12. Accordingly, the petition stands disposed of."


3. Considering the aforesaid consensus arrived at between the parties
and the order passed by the coordinate Bench of this Court in the case
of Mohammad Shameem Khan (supra), this petition is also disposed of in
the same terms. The directions and observations made in the case of
Mohammad Shameem Khan (supra) shall apply mutatis mutandis in the
present case also. It is made clear that if an adverse order is passed, the same
shall not be given effect to for a period of seven days from the date of
communication of the order to the petitioner.
4. With the aforesaid, this petition stands disposed of.
(MANINDER S. BHATTI)
JUDGE
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06

NEUTRAL CITATION NO. 2026:MPHC-JBP:84378
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vc


Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 16-10-2026
17:03:06