High Court Division · Special Original Jurisdiction
Md. Nazmul Hossain v Government of Bangladesh and others
Writ Petition 12005/2023 · Rule discharged as infructuous · Decided 20 August 2026
The petitioner, a borrower, filed a writ petition under article 102 of the Constitution challenging an auction notice published in the daily 'Azadi' on 30.08.2023 under section 12(3) of the Artha Rin Adalat Ain, 2003 for the sale of his mortgaged property on 21.09.2023. He also challenged the inaction of respondent no. 2 in disposing of his application dated 11.09.2023 for rescheduling of his loan liabilities under section 49(1)(cha) of the Bank Companies Act, 1991, which was a representation to Bangladesh Bank asking it to direct the lender bank not to hold the auction. On 17.09.2023 the High Court Division issued a Rule Nisi and stayed the auction notice. Respondent no. 3 argued that the auction could not be held because of the stay and that, the scheduled date having passed, the notice had lost its effect. The Court accepted that the subject matter of the Rule had become infructuous, discharged the Rule on that ground, recalled the stay order and made no order as to costs.
- Whether a writ challenge to an auction notice under section 12(3) of the Artha Rin Adalat Ain, 2003 survived once the scheduled auction date had passed while the auction was stayed by the Court.
- Where an auction scheduled under section 12(3) of the Artha Rin Adalat Ain, 2003 could not take place because of the Court's stay order and the auction date has passed, the subject matter of a writ challenge to the auction notice becomes infructuous.
- The Rule was accordingly discharged as being infructuous, with no order as to costs.
- The interim order of stay granted when the Rule was issued was recalled.
Since, the auction could not be taken place due to the order of stay. The subject matter of the Rule has become infructuous.
