MOHAMMAD HOSSAIN Vs. SECRETARY, MINISTRY OF HOUSING

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule.

(2.) Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Ejahar Hossain on 26.10.1961 and possession was handed over on 03.11.1967. He possessed and a lease deed was also executed in his favour. He died leaving only son the writ petitioner. After the death of the allottee, the writ petitioner went to the Housing and Settlement Office, Chittagong for mutation of his name but the authority refused on the ground that the property was enlisted as abandoned property and published in the Bangladesh Gazette dated 28.04.1996.

(3.) The respondent No.4 contested the Rule by filing affidavit-in-opposition and controverted the material allegations made in the writ petition and further contended that the disputed plot was allotted to one Abu Mohammad Ezahar Hossain and on 30.01.1962 a registered lease deed was executed between the parties. Md. Hossain has no relationship with Abu Mohammad Ezahar Hossain. He also failed to supply necessary documents in support of his claim. The disputed plot has rightly enlisted as abandoned property. The High Court Division discharged the Rule as aforesaid.