IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 12785 of 2021 IN THE MATTER OF:

An application under Article 102 read with Article 44 of the Constitution of the People’s Republic of Bangladesh.

And

IN THE MATTER OF:

S.M. Arifuzzaman alias Arifur Rahman Sarder and others.

.......... Petitioners

versus

Government of Bangladesh and others

..........Respondents. And

Mr. Sherder Abul Hossain, Advocate with Mr. Mizanur Rahman, Advocate

....... for the Petitioners.

Mr. Nowraz M.R. Chowdhury, DAG with Mrs. Afroza Nazneen Akhter, AAG with Ms. Anna Khanom (Koli) AAG

........ For the Respondents

Heard on: 07.11.2023, 14.11.23, 03.12.2023, 12.12.2023.

Judgment on 15.01.2024.

Present:

Mr. Justice Md. Jahangir Hossain

and

Mr. Justice S.M. Masud Hossain Dolon

S.M. Masud Hossain Dolon, J:

In this application under article 102 of the Constitution of the People’s Republic of Bangladesh, Rule Nisi has been issued calling upon the respondents to show cause as to why inaction of the respondent Nos. 1-7 to show cause on or before the impugned judgment and decree dated 18.09.2016 passed by the learned Additional District

Judge, 2nd Court, Bagerhat in Arpita Sampatti Appeal No. 03 of 2014(Annexures-G and G-1) allowing the appeal partially and thereby setting aside the judgment and decree dated 25.02.2014 passed by the Arpita Sampatti Prattarpan Additional Tribunal No. 2, Bagerhat in Arpita Sampatti Prattarpan Tribunal Case No. 584 of 2012 (Annexure-G) should not be declared to have been passed without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the scheduled property of the petitioners from the ‘ka’ schedule (in Serial No. 156 and 157) to Bangladesh Gazette published on 08.04.2012 under Fakirhat Upazila, Bagerhat and /or pass such other or further order or orders as to this court may seem fit and proper.

Fact relevant for disposal of the Rule are that the petitioners and their father as plaintiff filed Arpita Sampatti Prattarpan Tribunal Case No. 584 of 2021 under section 10(4) of the Arpita Sampatti Prattarpan Ain, 2001 for releasing the schedule property from the Ka Schedule (in Serial No. 156 and 157) to Bangladesh Gazette, published on 08.04.2012 under Fakirhat Upazilla, Bagerhat stating in brief inter alia, that the land under District Bagerhat, Police Station Fakirhat, No. 3 Noldha Mouza under S.A Khatian No. 1770 was recorded in the name of Lalit Mohan, Shishir Chandra and Jeetendra Nath Dutt who sold out measuring .49 acres land to the plaintiff No. 4 (father of the plaintiff No. 1 to 3, instant petitioners) vide Registered Saf Kabala deed No. 11865 dated 24.06.1981. Subsequently Bissheswar Mondol executed and

registered Will on 14.12.1974 in favor of his wife Sati Rani. As per the will Sati Rani preferred Miscellaneous Case No. 46 of 81 which was subsequently renumbered as 173 of 81 and got probate over the aforesaid property vide Judgment dated 10.05.1882. Sati Rani subsequently appointed the plaintiff No. 4 as his constituted Attorney vide General Power of Attorney No. 13929 dated 06.07.1982 upon receipt of information about lease case No. 1(F) 83/84 the aforesaid Attorney of Sati Rani preferred Title Suit No. 311 of 84 before 2nd Munsif Court, Bagerhat which was subsequently transferred to the Court of Additional Assistant Judge 1, Bagerhat which was subsequently transferred to the Court of Additional Assistant Judge-1, Bagerhat and renumbered as Title Suit No. 610 of 90 and got decree on 28.08.1994 against government and others defendants. Thereafter Sati Rani sold out 2.26 acres of land to the petitioner No. 1 vide Saf Kabala Deed No. 382 dated 31.01.1987, 2.65 acres to Sheikh Abdur Rahman vide Saf Kabala Deed No. 384 dated 31.01.1987, 2.10 acres of land to Ayesha Khatun vide Saf Kabala Deed No. 3045 dated 24.11.1986. Subsequently Amena Khatun gifted 1.42 acres of land to the petitioner No. 1 vide Registered