IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 5892 of 2015. In the matter of:

An application under article 102 (2) of the Constitution of the People’s Republic of Bangladesh.

-And- In the matter of: Md. Mohidul Haque

...... Petitioner

-Versus-

The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others.

…. Respondents With

Writ Petition No. 8354 of 2017.

Md. Ismail Hossain

...... Petitioner -Versus-

The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others.

…. Respondents Mr. Ozi Ullah with

Mr. Zafar Sadeque, Advocates

. . .For the petitioners in both the writ petitions.

Mr. Kazi Mynul Hassan, DAG

. . For the respondents in both the writ petitions.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 22.04.2024 and Judgment on 28.04.2024.

J. B. M. Hassan, J.

The above mentioned writ petitions involve similar questions of laws

and facts and hence we have heard the same together and are being disposed

of by this common judgment.

The petitioners of the respective writ petitions obtained the Rule Nisi seeking direction upon the respondent No.4 (District Registrar, Rajshahi) to comply with the provision of rule 8 of the “c¢mm ®mML (pec) ¢h¢dj¡m¡, 2014” (the Rules, 2014) fixing the number of deed writers in respective Sub- registry Offices under Rajshahi District i.e for Sadar Sub-registry Office, Rajshahi (writ petition No. 5892 of 2015) and Mohanpur Sub-Registry Office, Rajshahi (writ petition No. 8354 of 2017).

Relevant facts leading to issuance of the Rules Nisi in both the writ petitions are that the petitioner of writ petition No. 5892 of 2015 is the Presidents of Rajshahi Sadar Deed writers Association and that the petitioner

of writ petition No. 8354 of 2017 is the President of Mohanpur Deed writers Association. In the Sadar Sub-Registry Office, Rajshahi there are 170 deed writers having their respective licenses as reflected in the list of 2014 and

that from January-2014 to December-2014, total 6000 deeds were registered under the said Sadar Sub-Registry Office.

On the other hand, there are 81 deed writers in the Mohanpur Sub- Registry Office, Rajshahi while 4223 deeds were registered in the said Sub- Registry Office in the year 2016.

Referring to the above mentioned statistics of both the Sub-Registry offices, the petitioners further state that rule-8 of the Rules, 2014 require the District Registrar to limit the license of deed writers proportionate to execution and registration of deeds in the respective Sub-Registry Office. The petitioners of both the writ petitions as Presidents of their respective Deed writers Associations made representations on several occasions to the District Registrar, Rajshahi seeking his interference to postpone issuance of new deed writer licence in those Sub-Registry offices due to exceeding the required number of “deed writers” in accordance with rule 8 of the Rules, 2014. But there being no response, the writ petitions were filed and the Rules Nisi were issued in the respective writ petitions.

The respondents have not filed any affidavit in opposition.

Mr. Ozi Ullah, learned Advocate with Mr. Zafar Sadeque, learned Advocate for the petitioners in both the writ petitions submits that the Rules, 2014 were framed by the Inspector General of Registration and approved by the Government as delegated legislations in accordance with section 80G of the Registration Act, 1908.

He next submits that pursuant to rule 8 of the said Rules, 2014, the District Registrar shall determine and limit the number of deed writers in each Sub-Registry Office proportionate to execution and registration of deeds in that Sub-Registry, in particular, 300 deeds have to be taken for consideration for every deed writer in a year. He further submits that from