HASSAN ALI MATBAR Vs. BANGLADESH

JUDGEMENT

(1.) This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10.04.2003 issued under the signature of the respondent no. 4, Charge Officer and Assistant Settlement Officer (Appeal Officer-in-Charge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of D.P.Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. The Rule was directed to be heard along with Writ Petition No. 4027 of 2003. Since the record of the aforesaid Rule could not be placed before this Bench at the time of hearing, the Rule issued in the said writ petition will be heard and disposed of subsequently by a separate judgment, if the same has not been disposed of in the meantime.

(2.) Instruction of Director General, Department of Land Records and Surveys. Following the above mentioned letter it is stated that Khatian no-1645 belong to Mouza Tejgaon Industrial Area, J.L. No. 06, Police Station-Tejgaon, district-Dhaka has not yet been finally published and notified by Gazette under section 32, 33 and 34 of the East Bengal Tenancy Rules, 1955 due to pending Civil Suit No. 211/2001 and Writ Petition No. 4912 of 2003.