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1. Rule. Rule is made returnable forthwith.
2. By consent of the parties, the matters are taken up for final
hearing and disposal.
3. Writ Petition No 1080 of 2024 has been instituted by the
purchasers of the Wakf property under Property Card of CTS No.
1010/1 to 41, assailing the communication dated 28 th December
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2021 (Exhibit-I) and the Mutation Entry No. 1218 made on 17 th
May 2023 making an insertion in the revenue record noting that
the property vests with the “Custodian of Enemy Property in
India” thereby, deleting the names of the Petitioners as owners of
the property in the Property Card of CTS No. 1010/1 to 41. Writ
Petition No 1233 of 2024 has been instituted by the Wakf assailing
the communication dated 28th December 2021. The mutation
entry made inserting the name of the Custodian of Enemy
Property by deleting the name of the owners on Property Card
CTS No. 1012/ 1 to 16 and CTS No. 1010/42 to 64. Writ Petition
No 3746 of 2023 has been instituted by the three Petitioners, also
being the purchasers of properties of the Wakf, bearing CTS Nos
239 and 239/1 to 35, challenging the communications dated 16 th
December 2012 and 28th December 2021 as well as the Mutation
Entry No 571 dated 30th May 2023 indicating that the property
has vested on the Custodian of Enemy Property for India, i.e., the
Respondent No 3. The core issue involved in all these Writ
Petitions is pertaining to the question as to whether, the recourse
adopted by the Respondent No. 3, pertaining to the alleged
vesting of the property in question and the insertion of mutation
entries, are as per the prescription of law and if not, whether the
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directions issued by the Respondent No. 3 to the revenue
authorities encumbering the properties is liable to be declared as
illegal and, hence, null and void. Since common questions of law,
set out in identical fact situation, are involved in all the three Writ
Petitions, hence, we propose to dispose of these Writ Petitions by
this common judgment and order. For appreciating the controversy
involved in these proceedings, the facts projected in Writ Petition
No 1080 of 2024 are referred to, as here under, for ready
reference.
