IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 5532 of 2020. 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. Hazrat Ali

...... Petitioner

-Versus-

Bangladesh, represented by the Secretary, Ministry of Foreign Affaris and others.

......Respondents Ms. Tasmia Prodhan, Advocate

. . . . For the petitioner.

Mr. Muhammad Rafiul Islam, Advocate

. . . For the respondent No.1.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 18.01.2024, 24.01.2024 and Judgment on 30.01.2024.

J. B. M. Hassan, J.

By filing an application under article 102 (2) of the Constitution of the People’s Republic of Bangladesh the petitioner, namely, Md. Hazrat Ali obtained the Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the memo No. 31.55.7700.017.51.006.16-163 dated 04.03.2020 (Annexure-E) issued under the signature of respondent No.4 in violation of section 6(6) of the Power of Attorney Act, 2012 should not be declared to be without any lawful authority and of no legal effect and Why a direction should not be given upon the respondent No. 3 to hand over the

General Power of Attorney bearing attestation serial No. 4968/2018 dated 08.11.2018 (Annexure-A to the writ petition) after completion of the necessary procedure, as per section 6(6), (7) of the Power of Attorney Act, 2012 and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Relevant facts leading to issuance of the Rule Nisi are that a General

Power of Attorney (attestation serial No. 4968/18) relating to some land properties (mentioned in the schedule thereof) was executed on 29.03.2018 in the Republic of India (West Bengal) appointing the petitioner as Attorney for doing certain acts including to sell in respect of mentioned land properties. The said General Power of Attorney (shortly, GPA) was duly attested and authenticated by the Ministry of External Affairs, Kolkata, India and the office of the Bangladesh Deputy High Commission, Kolkata, India. Thereafter, the Ministry of Foreign Affairs, Government of Bangladesh, Dhaka authenticated the said Power of Attorney on 08.11.2018 and then the petitioner submitted the same before the Deputy Commissioner, Panchagarh (respondent No.3) on 27.11.2018 for impounding the document on observance of required formalities. The Revenue Deputy Collector (RDC), Panchagarh (respondent No.4) sent a letter on 31.12.2018 to the Assistant Commissioner (Land