MD. NURUL ABEDIN Vs. BANGLADESH

JUDGEMENT

(1.) These petitions for leave to appeal are directed against the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition No.4623 (heard analogously with Writ Petition No. 4913 of 2008) discharging the Rule arising out of Auction proceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property of the petitioner.

(2.) The facts, in short, are that the petitioner filed Writ Petition No. 4623 of 2008 before the High Court Division against the publication of re-auction notice in the Daily Janakantha by respondent No.4 fixing a date on 12.05.2008 for selling the petitioners allotted plots, structure standing thereon and some scrap machineries acquired by BSCIC.

(3.) The case of the writ petitioner was that he is the proprietor of M/S. Friends Chemical Industries and his business partner was Mr. Md. Liaquat Ali of 240/1, South Paikpara, Mirpur, Dhaka. The petitioner and his partner applied for allotment of an industrial plot in BSCIC Industrial Area, Norsingdi and the Bangladesh Small and Cottage Industries Corporation considered the application and allotted plot being plot Nos.A-15 and 1-16 measuring more or less 9000 sq feet for the purpose of setting up of a chemical industry vide allotment letter dated 03.04.1990. Thereafter the petitioner and his partner as per allotment letter dated 03.04.1990 deposited 1,25,208.00 at a time in cash and thereafter paid all the installments and other payable premium without any default and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machineries and other sophisticated equipments from abroad by spending huge amount of money from their own source.