IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Special Original Jurisdiction)

Writ Petition No.15521 of 2016

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Khandaker Assaduzzaman ……Petitioner.

-V E R S U S-

The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka and others

….Respondents. Mr. Zainul Abedin Senior, Advocate with

Mr. Md. Towhidul Islam, Advocate

…For the petitioner No.1 Mr. Shariful Islam, Advocate

…For the co-petitioner Nos.2-3

Mr. S.M.Iftekhar Uddin Mahamud, DAG with Mr. Mohammad Zeeshan Hyder, DAG

… … For the Respondents.

Present:

Mr. Justice Ashish Ranjan Das

And

Mr. Justice Fahmida Quader

Heard on: 29.08.2024 And Judgment on: 03.09.2024 Ashish Ranjan Das, J:

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh this Rule Nisi was issued on 07.12.2016, in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inclusion of the land measuring an area 375 ajutangsha, part and parcel of S.A. Plot No. 1029

corresponding to R.S. Plot No. 1237 under S.A. and R.S.

1681

Khatian No. 1834 and 2203 respectively under Mouza-

Matuail, P.S.-Demra, District-Dhaka in vested property Ka list (Annexure-D to the writ petition) of Matuail Mouza under Demra Police Station, Dhaka published on 02.05.2012 under serial No. 224 should not be declared to have been done without lawful authority and is of no legal effect and as to why they should not be directed to release the property in question from the impugned Ka list (Annexure-D to the writ petition)and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Facts, relevant for disposal of this Rule, in brief are that S.A. Khatian of the land in question was prepared in the name of Nironjon Mondal and others. One of the S.A. recorded tenants Joy Chandra Das @ Joy Chandra Mondal transferred 30 decimals of land out of S.A plot No.1029 under the said Khatian in favour of Sree Rama Nanda Das and others through Safkabla deed being No.8780 dated 07.12.1955. Purchasers Sree Rama Nanda Das and Sree Shama Nanda Das transferred their purchased land in favour of Begum Anowara Khatun and others through Safkabla deed being Nos.17039 and 5013 dated 22.11.69 and 15.04.69 respectively. In the last Mohanagar Survey Khatian No.700 was prepared in the name of Anowara Khatun and others. Anowar Khatun and others while owning and possessing their purchased land R.S khatian was prepared in their names and through their constituted attorney transferred the land in question in favour of the petitioner through Saf Kabla deed being No.1664 dated S.A. Khatian, 22.02.2007. That after his purchase the petitioner mutated his name in the Revenue Office and paid rent up to date. That due to his personal difficulties the petitioner appointed Mr. Abdul Latif Mrida as his constituted attorney through registered power of attorney being No.10386 dated 10.10.2016. That in the 1st week of November, 2016 the attorney of the petitioner went to the local Tohshil Office to pay rent for the year 1422-1423 B.S, when concerned officer refused to accept rent on the ground that the land in question has been included in the 'Ka' schedule of vested property list. Thereafter, on search the attorney of the petitioner collected vested property 'Ka' list of Demra and found that the S.A plot in question was enlisted in list under serial No.224.

Being aggrieved by and dissatisfied with the land measuring an area of 375 ajutangsha, part and parcel of S.A plot No.1029 corresponding R.S plot No. 123f under S.A and R.S 1631 Khatian No.1834 and 2203 respectively under Mouza Matuail, P.S-Demra, District-Dhaka in vested property