GOVERNMENT OF BANGLADESH Vs. RABAYA BEGUM

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 21.10.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1067 of 1993 making the Rule absolute.

(2.) The writ petitioner challenged the judgment and order of the Court of Settlement passed in Case No. 113 of 1992 under section 7 of Ordinance No. 54 of 1985 on the ground that the same has been passed without lawful authority.

(3.) The case of the writ Petitioner, in short, is that the disputed premises namely F/G/7, Sher Shah Colony (Housing Estate) Chittagong was allotted to one Nazir Mohammad by registered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his name mutated in the record of rights. Thereafter, Md. Safi entered into a contract to sell the building and delivered possession to the writ petitioner and also executed a registered kabala dated 26.12.1980 in favour of the writ petitioner who after purchase applied for mutation of her name but the Assistant commissioner, Housing and settlement by memo dated 301.11.1982 informed her that mutation could not be allowed as the building had already been included in the list of abandoned buildings. Thereafter, she filed an application for release of the building and the Deputy Commissioner, Chittagong by his Memo dated 06.06.1985 recommended for release of the same to the Commissioner of Chittagong Division from the list of abandoned buildings. The further case is that Md. Shafi and she are Bangladeshi nationals by birth and hence no permission for transfer of the property is required but still the building was not released and she was constrained to file the case before the Court of Settlement which after hearing arbitrarily dismissed the case. The petitioner then moved the High Court Division in writ jurisdiction and the High Court Division after hearing made the Rule absolute as noticed earlier.