SECRETARY, MINISTRY OF HOUSING AND PUBLIC WORKS Vs. HANIF BROTHERS
SUPREME COURT OF BANGLADESH
Secretary, Ministry Of Housing And Public Works
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HASAN FOEZ SIDDIQUE, J. -
(1.) This appeal is directed against the judgment and order dated 05.04.2006 passed by the High Court Division in Writ Petition
No.4309 of 2005 directing the writ respondents to
exclude the property, in question, from the 'Ka'
list of the abandoned properties and to restore
possession of the same.
(2.) The short facts, for the disposal of this appeal, are that Plot No.CES (A)-49, Gulshan, Road
No.96, Gulshan Avenue, Gulshan Model Town, Dhaka
(hereinafter referred to as the disputed property)
was allotted to writ petitioner M/S. Hanif
Brothers by the then Dhaka Improvement Trust by
allotment letter No.DIT/Gulshan/787 dated
01.09.1960 and accordingly, lease Deed No.4439 dated 29.04.1964 was executed and registered.
While the writ petitioner had been in possession
of the property, he was dispossessed by some
miscreants after the war of liberation.
Subsequently, the Government took over the control
of the property as abandoned property and it was
listed in the 'Ka' list of abandoned buildings
published in the official Gazette on 13.09.1986.
The writ petitioner on several occasions applied
to the writ respondents for getting release and
restoration of possession of the property in his
favour but without any result. Ultimately, the
writ petitioner filed Case No.300 of 1995 (Ka-25
Gulshan, Dhaka) under section 7(1) of the
Abandoned Buildings (Supplementary Provisions)
Ordinance, 1985 before the First Court of
Settlement, Dhaka. The case was contested by the
Government, i.e., the writ respondent No.1. The
First Court of Settlement allowed the case by its
decision dated 30.11.1997 and ordered for
exclusion of the property from the 'Ka' list of
Abandoned Buildings and to restore possession of
the same to the writ petitioner. But the writ
respondents did not comply with the said decision
inasmuch as the writ petitioner on 07.07.1998,
16.05.1999, 27.02.2001, 17.07.2003 and 23.03.2005 made representations to exclude the property from
the 'Ka' list of Abandoned Buildings and to
restore his possession. Thus, the respondent No.1,
filing writ petition, obtained Rule.
(3.) The High Court Division by the impugned judgment and order made the said Rule absolute.
Then the appellants have preferred this appeal
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