MOHAMMAD NURUL HUDA Vs. IQBAL ANWAR

JUDGEMENT

(1.) The petitioner seeks review of the judgment dated December 14, 2003 passed in Civil Petition for Leave to Appeal No. 2071 of 2001. The civil petition for leave to appeal was filed against the judgment dated August 16, 2001 passed in Writ Petition No. 3419 of 2001. By the said judgment the High Court Division rejected the writ petition summarily upon awarding cost of Tk. 5,00,000/- to be paid by the Inspector General of Police i.e. the petitioner who was Inspector General of Police at the relevant time.

(2.) The Writ Petition No.3419 of 2001 was filed by one Iqbal Anwar impugning the letter dated July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (hereinafter the property) wherein the Gulshan Police Station was at that time located to one Nazrul Islam, attorney of Mr.Khurshid Anwar to whom the property belongs. It may be mentioned the property was treated as abandoned property and thereupon allotted to the Ministry of Home Affairs for housing Gulshan Police Station. The claimant of the property sought for release of the property from the list of abandoned buildings by filing case before the Court of Settlement and the same was allowed. The judgment of the Court of Settlement was not challenged by the abandoned property authority. Since possession of the property was not handed over to the claimant, he filed the writ Petition No.3093 of 2000 seeking direction to the authority for handing over possession of the property.

(3.) The Rule obtained in the said writ petition was made absolute on October 26, 2000 and the authority i.e. Ministry of Home Affairs and the Inspector General of Police and others were directed to handover possession of the property to Nazrul Islam, the attorney of Mr. Khurshid Anwar, the claimant of the property.