1. IVlr. Khaja Zahuruddin v. 1. Union of India

Petition Under Section 151 CPC praying that in the circumstances stated in tl'ie affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned orders passed by 2nd Respondent in F.No. 3715312024- EP dated 26.O8.2025 pending disposal of the writ petition. Counsel for the Petitioners : M/s A.SATYASIRI Counsel for the Respondents : SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENER^AL OF INDIA The Court made the following ORDER u*#tr*f-*.."".a* .r:-{,t46 ..i.ri! . .rft{&)".}, ':{#Fry{,Ft{i**-" '" .,i$**ry*&S; rer5r!6:*gr,*** - .,8"14!. b'*F.i1 a ...; ' ).li .r :jj':..: .1" i.r:: 7 ,) L wp_32758_2025 N8K, J THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32758 of 2025 ORDER: The petitioner's essential case is that the impugned order bearing F.No.37l5312024-EP dated 26.08.2025, passed by the Joint Secretary to the Govemment of [ndia, Ministry of Home Affairs, is illegal, void, unconstitutional, and violative of Articles [4, 21, and 300,4. of the Constitution of lndia, as well as the principles of natural justice, and is liable to be quashed along with the earlier withdrawal order dated 22.07.2014. The petitioner seeks restoration and implementation of the divestment order dated 09.07.2008, under which the Government of India had already approved release of the subject property, and prays for consequential directions to release and hand over the land in Survey No.28 of Miyapur Village, Ranga Reddy District, to the petitioners as lawful owners.

1.1 At,the outset, the affrdavit is swom by the General Power of Attorney holder of the petitioners. The present writ petition challenges the order dated 26.08.2025 issued by Sri Prasana R., IAS, Joint Secretary, Ministry of Home Affairs, contending that it was passed withoutjurisdiction and in violation of binding judicial directions. The petitioner traces the procedural background to W.P. No.10191 of 2015, which had challenged an earlier order dated 22.07.2014. That writ petition was disposed of by the High Court on 15.09.2021, with a direction that the petitioners submit a fresh representation enclosing all relevant documents and that the competent authority consider it independently, without being influenced by the earlier order dated 22.07 .201 4.

1.2 [n compliance with the order dated 15.09.202[, the petitioners submitted a detailed representation to the competent authority on l&Enlio 2 wp_32758_2025 N8K, .l

28.02.2022. When no action followed, they addressed another representation dated 17.10.2024 to the Hon'ble Minister of State for Home Affairs, seeking implementation of the High Court's directions. Acting on this, the Joint Secretary and competent authority under the Enemy Property Act, 1968, issued a notice dated 25.10.2024 directing the petitioners and the Custodian of Enemy Property to appear for a hearing on l9.l I .2024 aI2:30 p.m. before the Joint Secretary (FFR), Ministry of Home Affairs. The hearing on 19.11.2024 was conducted by Sri Ananth Kishore Saran, Joint Secretary after which the matter was adjourned to 27.12.2024. Due to administrative reasons, the hearing scheduled for 27.12.2024 was postponed and rescheduled to 14.01 .2025. Further hearings were conducted on

14.01 .2025 and 04.02.2025, and finally on 27.02.2025, on which date the matter was fully heard and expressly reserved for orders. During these hearings, the petitioners filed several documents and cited multiple Supreme Court and High Court judgments, including (2014) 2 SCC 269, (2010) 5 ORDER WP.No.32758 of 2025 FlUt*dfitlxiidr&w'{'' fiS*E;.r*.*f "-.:it *,-.P . - I" *."r."+i,6gxfg1i*. r+..rdr!ailii;*4t#1ar* q; .- -.**iffi+<* ;r*a,gi **.p n -+-e-F+^-' --- .*i,:*FP!-.d -.-...*-.^'. . ISPOSING OFTHE.t,l/.P WITHOUT COSTS.