Notice for surrendering or taking possession-Held: On going through the judgment of the Court of Settlement we find that those notices were
issued on the respondent Nos.l-6 to produce their vendor Bib Homier when they had applied for mutating their names after their purchase from Bib Homier. Thus it appears that the Government petitioner did neither treat the disputed property as abandoned property nor nook any step to take over possession of the same till publication of Gazette notification in question. Since no notice as contemplated under Section 5(1 )(b) of the said Ordinance was issued to the respondent Nos.l-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned buildings is without lawful authority.
Bangladesh Vs. Amela Khatoon & Ors. 9 BLT (AD)-98.
Section-5(l)(a) and Section 5(l)(b)
In the instant case, neither possession of the property was taken over by the government, nor any notice was served upon the petitioners. As such, the enlisting of the property as abandoned was illegal and without jurisdiction.
Moffassal Haque Vs. Bangladesh & Ors. 10 BLT(HCD)-26.