Decided on May 17,2017

Secretary, Ministry Of Housing And Public Works Appellant
Hanif Brothers Respondents


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 getting leave.;

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