High Court Division · Special Original Jurisdiction
Md. Khairul Bashar v Government of Bangladesh and others
Writ Petition 12128/2024 · Rule discharged as infructuous · Decided 13 August 2026
The petitioner filed a writ petition under article 102 of the Constitution challenging an auction notice published in a daily newspaper on 23.09.2024 under section 12(3) of the Artha Rin Adalat Ain, 2003 for the sale of mortgaged property by auction on 21.10.2024. The petition was sworn on 20.10.2024, and on 21.10.2024 the High Court Division issued a Rule Nisi together with an interim order staying the operation of the auction notice. At the hearing, respondent no. 4 submitted that the property could not be sold because of the stay order, that the scheduled auction date had passed in the meantime, and that the auction notice had therefore lost its effectiveness, so that the Rule had become infructuous. Considering the facts and circumstances of the case, the Court discharged the Rule as infructuous. It recalled the stay order granted when the Rule was issued, made no order as to costs and directed that the order be communicated at once.
- 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 the property could not be sold because of the Court's stay order and the scheduled auction date has expired, the auction notice under section 12(3) of the Artha Rin Adalat Ain, 2003 loses its effectiveness and the Rule challenging it 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.
Considering the facts and circumstances of the case, the Rule is discharged as being infructuous. No order as to cost. The order of stay granted at the time of issuance of the Rule is hereby by recalled.
