Decided on October 31,1989

Dr. Syed Matiur Rob Appellant
Bangladesh Respondents


M.H.RAHMAN,J. - (1.) These two appeals have arisen out of Writ Petition Nos. 238 of 1985 and 239 of 1985 wherein the Rules were discharged by the impugned judgment and order dated 25th June, 1986.
(2.) The appellant, Dr. Syed Matiur Rob died during the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmondi Residential Area and holding No. 219 New Eskaton Road, Dhaka. He died on 6.12.1971 in Dhaka leaving the appellant and his only son and heir since his wife and his only daughter Sohani Rob had died earlier. He was buried on 6.12.1971 at the Mohammadpur graveyard. A certificate dated 17.12.1977 issued by the Secretary of Mohammadpur Jame Masjid and Eidgha (AnnexureA) was annexed to the Writ petition to show the date of the burial.
(3.) The appellant came to this country in 1947 with his parents. He passed M B B S Examination in 1955 and from then on he served in various institutions and hospitals in this country. He inherited all the properties of his father, but the respondents illegally treated two properties in question as abandoned properties under Bangladesh Abandoned Property (Control, Management & Disposal) Order (P.O. No. 16 of 1972) on a false plea that his father went to Pakistan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the Government as to whether the appellant was the only son of his father and whether Dr. Syed Mohibur Rob was a son of Syed Mojibur Rob. The appellant's case is that Dr. Syed Mohibur Rob was an adopted son of his father and left for Pakistan after independence of the country. In support of his contention the appellant annexed to his Writ petition a succession-certificate (Annexure-B) with respect to some debts sought to be collected by him; a photostat copy of a death-certificate (Annexure-D) of his father from a doctor showing that he died on 6.12.1971 due to heart failure. As the only heir of his father the appellant sold his father's house at 5 Bakshibazar, Dhaka to one Mrs. Sahera Khatun. That property was also treated as an abandoned property, but on an application filed by Mrs. Sahera Khatun under Article 102 of the Constitution of the People's Republic of Bangladesh the High Court Division declared that the said property was not an abandoned property and directed the Government to release the same. The appellant contended that the question whether he was the only son and heir of the deceased Syed Mojibur Rob was finally settled in that Writ petition. On 22.5.1985 the appellant requested the Government to release his father's properties from the list of the abandoned properties, but by the letter dated 30.5.1985 the Section Officer in the Ministry of Public Works and Urban Development of the Government turned down his request.;

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