MD. ASADUZZAMAN Vs. KAZI ABDUS SABUR

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 17.8.2005 passed by a Division Bench of the High Court Division in Writ Petition No.4453 of 2000 making the rule absolute.

(2.) The respondent-writ petitioner filed the aforesaid Writ Petition challenging the judgment and order dated 8.8.2000 passed by the Land Appeal Board in Case No.5-65/98 Appeal (Jessore) reversing the judgment and order dated 30.11.1998 passed by the Additional Divisional Commissioner, Khulna dismissing the Revision case preferred under the Public Demand Recovery Act thereby affirming the order dated 31.8.1998 passed by the Additional Deputy Commissioner (Revenue), Jessore in Appeal No. 1 of 1996 dismissing the appeal by the Certificate Officer Sadar, Jessore in Certificate Case No. 13/188/7/85-86 confirming the auction sale dated 28. 11. 1994.

(3.) The short fact of the case is that M/s. Jess Duck (Pvt.) Limited Company took loan from Bangladesh Shilpa Bank, Jhenidah Branch, Jhenidah. The said loan was not paid in time. Hence Bangladesh Shilpa Bank started Certificate Case for realization of Taka 1, 30, 24,866/-. In that certificate case the following schedule property belonging to the said borrower company was sold in auction on 28. 10.1992.