Decided on February 02,2009

Secretary, Ministry Of Agricultural Appellant
Rabia Khatoon Respondents


M.M.RUHUL AMIN ,CJ. - (1.) The instant appeal, by leave, is directed against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute.
(2.) Short facts are that the writ-petitioner-respondents was the owner of the house known as "Hriday Nibash" within Mymensingh Municipality and the said house was requisitioned by the Collector of Mymensingh in H.R. Case No. 58/59-60 for the use of office of the Plant Protection Officer under the Agriculture Department. Subsequently, the house was occupied by the Regional Director of Agriculture Department for the last 5/6 years. In the meantime, process of acquisition of the property in question was started in L.A. Case No. 33 of 1965-66 and the same is still pending for acquisition. The property though not acquired by the Government, the Agriculture Department issued a tender on 15.5.1989 for renovation of the building in question at a cost of Tk. 3,55,000/-. The writ petitioner being aggrieved by the tender notice as owner of the property challenged the tender notice before the High Court Division in the writ petition.
(3.) The writ respondent-petitioners by filing an affidavit-in-opposition stated that the notification of the final acquisition of the said suit property in the official gazette has been delayed because of the successive representations made by the writ petitioner to the Ministry of Land Reforms and Land Administration and also for several civil suits between the Government and the owner of the house in question.;

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