NATALINA GONSALVES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Desai, learned counsel for the Petitioners, Mr. P. Faldessai, learned Assistant Solicitor General of India for Respondent Nos. 1 and 2, and Mr. T. Gawas, learned Additional Government Advocate for Respondent Nos. 3 and 4.

(2.) The Petitioner seeks an appropriate writ for quashing the order dated 8th October 2010 made under Sections 5 and 24 of the Enemy Property Act, 1968 by the Custodian of Enemy Property for India ( Respondent No.2) and restoration of possession of such property to the Petitioner/legal representatives of the Petitioner.

(3.) The impugned order dated 8th October 2010 was made by the Custodian as against the original Petitioner's mother Concecao Costa. There is a serious dispute on the issue of service of this order on the said Concecao Costa. However, even if this aspect is not taken into account, there is no dispute that as on the date when the impugned order was made, Concecao Costa had already expired i.e. 31.10.2009. Her husband Santana Fernandes had also expired on 06.09.1997.