IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION No. 14631 OF 2017

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

In the matter of:

Md. Ibrahim and others

.....................Petitioner -Versus-

Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Shahabagh, Dhaka and others

................ Respondents Mr. Kazi Eklasur Rahman, Advocate

Mrs. Satika Hossain, Advocate

........ For the Petitioners Mr. Bepul Bagmar, D.A.G.

Mr. Md. Sirajul Alam Bhuiyan, A.A.G. and

Mr. Md. Delwar Hossian, A.A.G.

…. For the respondents

Judgment on: 01.12.2022

Present:

Mr. Justice Md. Khasruzzaman and

Mr. Justice Md. Iqbal Kabir

Md. Khasruzzaman, J:

In the application under article 102 of the Constitution, on 05.11.2017 the Rule Nisi was issued calling upon the respondent

Nos. 1-4 to show cause as to why they should not be directed to release the property from the “Ka” schedule of the Arpito Sampotti Prottarpon list published in Bangladesh Gazette Extraordinary issue on 25th April, 2012 at page 24638, serial No. 797 under the provisions of section 6 of the Arpito Sampotti Prottarpon Ain, 2001 (Act No. 16 of 2001) pursuant to the judgment and decree dated 22.03.1990 (decree signed on 03.04.1990) passed by the learned Joint District Judge and Commercial Court No. 2, Dhaka in Title Suit No. 149 of 1989 with a further direction to mutate the disputed property in the name of the petitioners in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts as stated in the writ petition, in short, are as follows:

The land described in the schedule of the writ petition originally belonged to Protima Bewa and C.S. record was published in her name and accordingly, she paid taxes to the government. Thereafter, C.S. recorded tenant Protima Bewa transferred 1.05 acres of land under C.S. Khatian No. 123 corresponding to C.S. Plot No. 1409 to Bidhu Bhushon Roy and handed over possession to him. Subsequently, Bidhu Bhushon Roy transferred said 1.05 acres of land to Horomohon Shaha vide

registered deed No. 1408 dated 24.02.1947, and also handed over possession of the same to him. Being owner in the above way, Horomohon Shaha got his name recorded under S.A. Khatian No. 166 corresponding to S.A. Plot No. 1409 and under R.S. Khatian No. 1045 corresponding to R.S. Plot No. 1319 of the said land. Thereafter, Horomonhon Shaha transferred the said 1.05 acres of land to Abdul Mazid vide registered deed No. 23571 dated 11.08.1977 and handed over possession to him. Subsequently, Abdul Mazid transferred the said land to (1) Md. Ibrahim Miah, (2) Md. Musa Miah, (3) Md. Yousuf Miah, (4) Md. Zahidul Islam and (5) Md. Shahidul Haque all sons of late Md. Erfan Miah through registered deed No. 7984 dated 18.06.1980. On 07.05.1992 Md. Musa Miah died as unmarried and then his rest 4(four) brothers became the owners of the land. Erfan Miah got the land through amicable settlement amongst his brothers and after his death the land was mutated in the name of the petitioners all sons of late Md. Erfan Miah vide Mutation and Separation Case No. 6588/1990- 1991 dated 17.06.1991. Thereafter, they paid taxes to the government. Horomohan Shaha never migrated to India before or after in the year 1965 and he was not an Indian national and he never resided in India as an Indian national and the government failed to prove that he left this country in between 06.09.1965 to 16.02.1969 leaving the property uncared. The Sub-Divisional Officer asked Abdul Mazid in V.P. Case No. 992 of 1979 to appear before him with the relevant paper and documents of the land and then Abdul Mazid appeared before the authority and thus the land was released on 15.02.1980. Again on 03.04.1982