Staff Reporter :
The Appellate Division of the Supreme Court on Thursday scrapped a High Court ad-interim order that in 2019 directed a Sub-Registrar of Brahmanbaria to register within seven days 119 acres land of Horihor Tea Estate in Brahmanbaria in favour of a dairy farm named Dutch Dairy Limited without hearing the opposite party.
The apex court at the same time cancelled a registered deed by which 119 acres land of Horihor Tea Estate was transferred in favour of the dairy firm.
A six-member bench of the Appellate Division of the SC headed by Chief Justice Syed Mahmud Hossain passed the order after holding hearing on a leave to appeal petition filed by Horihor Tea Estate Company against the High Court order.
Following a writ petition the HC bench of Justice Ashfaqul Islam and Justice Mohammad Ali on April 15, 2019 directed the Sub-Registrar of Bijoynagar Upazila in Brahmanbaria to register suf-kabala deed executed by Monisha Chakraborti and Amit Chakraborti in favour of Dutch Dairy Limited for transferring 119.85 acres of land in seven days without any fail.
The sub-registrar on May 23 in 2019 registered the deed for Tk 108.14 million to comply with the directive of the court and the High Court’s directive was quoted in the registered deed.
The High Court bench issued the ad-interim order after a rule asking the sub-registrar of Bijoynagar Upazila to explain in four weeks as to why his refusal to register suf-kabala deed executed by Monisha Chakraborti and Amit Chakraborti in favour of Dutch Dairy Limited for transferring 119.85 acres of land should not be declared illegal.
The High Court issued the order and the ruling after hearing a writ petition filed jointly by Monisha Chakraborti, Amit Chakraborti and Dutch Dairy Farm.
Lawyers Sk Md Morshed, Md Asaduzzaman and Mohammad Bakir Uddin Bhuiyan appeared in the court on behalf of the tea company, while senior lawyer Qumrul Hoque Siddique represented the Dutch Dairy Farm.
According to the case documents, Horihor Tea Estate bought the land from the Monisha Chakraborti’s family on June 7 in 1986. But in 2010 Monisha Chakraborti and her son Amit Chakraborti filed a civil case through their agent with the Joint District Judge’s Court of Brahmanbaria seeking cancellation of deeds with the tea garden. But the case is still pending in the district court.
Later in 2018 Monisha Chakraborti and her son Amit Chakraborti again sold the land to Dutch Dairy Limited at the value of Tk 108.14 million. But the sub-registrar office of the Bijoynagar Upazila didn’t register the deed as earlier purchaser of the land, Horihor Tea Estate, had a loan with Krishi Bank against the property.
Then Monisha Chakraborti, her son Amit Chakraborti and their new purchaser Dutch Dairy Limiter moved to the High Court and filed a writ petition seeking its order upon the sub-registrar to register the deed executed between them.
Horihor Tea Estate on June 1 this year filed a leave to appeal petition with the Appellate Division against the High Court order. After hearing on the appeal petition the court cancelled the deed transferring the land to Dutch Dairy Limited.
