Enemy-property certificate challenge relegated to Section 18 representation, with eviction proceedings held in abeyance.

The petitioner challenged eviction notices dated 16 September 2026 concerning Khasra Nos. 42/19/1 and 42/19/2 at Koh-e-Fiza, Bhopal, and the underlying certificate of vesting dated 29 April 2024 issued under Section 12 of the Enemy Property Act, 1968.

He also sought protection from dispossession pending the Central Government’s decision on his representation under Section 18 of the Act.

The parties agreed that the issues were covered by the coordinate Bench’s decision in Mohammad Shameem Khan v. Union of India and Others, W.P. No. 41102 of 2026, decided 1 October 2026.

Whether the petition should be disposed of on the same terms as Mohammad Shameem Khan, including by relegating the petitioner to the Section 18 representation remedy.

Whether proceedings arising from the eviction notices should remain in abeyance while that representation is decided.

Section 18 of the Enemy Property Act, 1968 provides a remedy by way of representation to the Central Government against the relevant decision or certificate.

In Mohammad Shameem Khan v. Union of India and Others, the Court directed that a representation under Section 18 be decided on its merits, after a hearing, within a specified period; that eviction proceedings based on the impugned notice remain in abeyance pending the decision; and that an adverse decision not take effect for seven days.

The present Court adopted those directions mutatis mutandis.

The Court did not independently determine the validity of the vesting certificate or eviction notices.

Given the parties’ agreement that the matter was covered by the coordinate Bench’s decision, it disposed of the petition on the same terms.

Accordingly, the petitioner was to pursue the Section 18 remedy, while the related proceedings and protection against coercive steps were governed by the directions in Mohammad Shameem Khan.

The representation is to be decided within the period and by the procedure set out in that decision, and the proceedings founded on the eviction notices are to remain in abeyance pending its determination.

Any adverse order is not to be given effect for seven days from its communication to the petitioner.