IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION No. 2771 OF 2020

In the matter of:

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

AND

In the matter of:

Khan Mohammad Ahsan

....Petitioner

-Versus-

The Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and others

..... Respondents

Mr. M. Anisuzzaman, Advocate

........ For the Petitioner.

Mr. Bepul Bagmar, DAG

…. For the Respondent No.1. Mr. Md. Imam Hasan, Advocate

…. For the Respondent No.2.

Judgment on: 03.02.2022

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice Md. Mahmud Hassan Talukder

Md. Khasruzzmaman, J:

On an application under article 102 of the Constitution, on 05.10.2020 the Rule Nisi was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned bearing Memo No. RAJUK/Estate and Land-2(Uttara)/414 dated 02.02.2020 issued by the respondent No.5 (Annexure-E) purporting to

issuance of letter to produce the legal heirs of the deceased wasiyatnama executor cum lease holder of eastern units of 6(six) storied building situated at Plot No. 01, Road No.05, Nikunja, Uttara Residential Area, Dhaka for giving no objection in Taka 300/- stamp with specimen signatures and other title documents with warishan sanad of the deceased wasiyatnama executor cum lease holder in order to get mutation in the name of wasiyatnama beneficiary shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as this Court may seem fit and proper.”

The facts relevant for disposal of the case, in short, are that on 07.03.1991 one Md. Yunus Ali Sheikh took allotment of 2.08 kathas of land in Plot No.1, Road No.5, Nikunja-02, Gulshan, from the Rajdhani Unnayan Kartipakkha(RAJUK) which was registered with the Sub Registry Office, Gulshan vide deed No. 2133 dated 07.03.1991 (Annexure-A). While enjoying the said property Md. Yunus Ali Sheikh got his name mutated and paid land revenue to the government. Thereafter, on 25.02.2004 Md. Yunus Ali Sheikh on taking prior approval from RAJUK transferred the said land to Md. Maksudul Alam and Nowshin Sultana by registered deed No. 2273 (Annexure-A-1) and handed over possession to them. Thereafter, on the application being filed by the transferees Md. Maksudul Alam and Nowshin Sultana, RAJUK authority vide Memo No. RAJUK/Estate/3995 dated 21.10.2004 mutated the names of

the applicants in the relevant records. Thereafter, Md. Maksudul Alam and Nowshin Sultana obtained approval from RAJUK and built 06(six) storied building having 02(two) units on the said land and Md. Maksudul Alam got units of the eastern side of the said plot and Nowshin Sultana got units of the western side of the said plot. It is stated that on 02.10.2011 Md. Maksudul Alam in his lifetime executed a registered wasiyatnama being deed No. 26 dated 02.10.2011 in favour of the petitioner namely, Khan Mohammad Ahsan (Annexure-A-2). That on 05.08.2016 the wasiyatnama executor cum lease holder Md. Maksudul Alam has died and thereafter, on 27.04.2017 Khan Mohammad Ahsan filed Probate Case No. 83 of 2017 before the learned Joint District Judge, Court No.1, Nayayanganj impleading heirs of the deceased wasiyatnama executor as defendants in the said case. The learned Joint District Judge, Court No.1, Narayanganj after hearing the petitioner allowed the case ex parte and issued probate certificate and also directed the concerned Sub Registry Office to report of evaluation of the land for calculation and determination of the court fees vide Order No.33 dated 24.03.2019. Accordingly, the RAJUK on 30.05.2019 submitted evaluation report mentioning mouza value of the will