Durcan Begum Vs. DC and Magistrate, 2nd class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD); 54 DLR (2002).
Background of the Writ Petition: The case of the petitioners Mrs. Duran Begum is that the land comprising an area of acres appertaining of CS plot Nos. 203 and 204 SA were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Volume 38, pages 9-12 of the year 1948.
Thereafter, the petitioner constructible a three-storied building in the land and the same has been recorded as holding No. 42/2/A. The Railway authority sought to acquire land and the gout under LA Case Nos. 15 and 16 of 1960 acquired land. The respondent No. 1 served a noticed dated 25-10-1999 for eviction in eviction Case No. 5. The petitioner through his Advocate issued a telegraphic notice on 2-8-10-1999 demanding the respondent to withdraw, cancel or rescind the notice. They also claims that the land being not Railway land as has been allegedly claimed by the respondent No. 1, no notice could have been lawful. and validly issued by the respondents under the Ordinance No. 24 of 1970.
Issues: Are the petitioner and her husband claims that the Railway Division claims, if any, is outside the ambit of their claim in that their notices at all relate to the land of Sadrul Hasan. which does not devolve the land purchase by the petitioner and her husband.
Judgment: This rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effects. It is sufficiently found that the petitioner has acquired valid title and possession over the land in question.
Comments: Therefore, we find Substance in the submission of the learned Advocate for the petitioner that the impugned order has been issued without any lawful authority ex-facio illegal and cannot and it is ext be sustained in law. Consequently, the present Writ petition succeeds and Rule is made absolute without order as to costs. The impugned no notice dated 25-10-1999 A Annexure A to the Writ Petition in hereby declared to have been made without any lawful authority and is of no legal effects.
Background of the Writ Petition: The case of the petitioners Mrs. Duran Begum is that the land comprising an area of acres appertaining of CS plot Nos. 203 and 204 SA were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by…