IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 289 of 2019 with Writ Petition No. 3824 of 2016 with Writ Petition No. 4479 of 2019 with Writ Petition No. 7709 of 2019 with Writ Petition No. 7710 of 2019 with Writ Petition No. 5060 of 2020 with Writ Petition No. 8644 of 2021

In the matter of:

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

AND

In the matter of:

Md. Rezaul Karim and others

...Petitioners (In W.P. No. 289 of 2019) Kushtia City College

...Petitioner (In W.P. No. 3824 of 2016) Md. Saiful Alam and others

...Petitioners (In W.P. No. 4479 of 2019) Md. Nazam Uddin and others

...Petitioners (In W.P. No. 7709 of 2019) Md. Md. Rakibul Islam and others

...Petitioners (In W.P. No. 7710 of 2019) Md. Shoriful Kobir Shopon and others

...Petitioners (In W.P. No. 5060 of 2020) Md. Ziaur Rahman

...Petitioner (In W.P. No. 8644 of 2020) -Versus-

Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Ramna, Dhaka and others,

... Respondents (All the Writ Petitions).

Mr. M. Ashraf Ali, Advocate,

......For the petitioners. (In W.P. No. 289 of 2019)

Mr. Nakib Saiful Islam, Advocate,

......For the petitioner. (In W.P. No. 3824 of 2016)

Mr. Md. Shahadat Alam, Advocate,

......For the petitioners. (In W.P. No. 4479 of 2019)

Mr. Munshi Moniruzzaman, Advocate, with Mr. Sakib Rajwan Kabir, Advocate

......For the petitioners. (In W.P. No. 7709 of 2019)

(In W.P. No. 7710 of 2019)

(In W.P. No. 5060 of 2020)

Mr. Mustafa Hamid Siddique, Advocate,

......For the petitioner. (In W.P. No. 8644 of 2020)

Mr. Md. Masud Hasan Chowdhury, Advocate

.....For the respondent No.3. (In W.P. No. 289 of 2019)

(In W.P. No. 4479 of 2019) (In W.P. No. 7709 of 2019) (In W.P. No. 7710 of 2019) (In W.P. No. 5060 of 2020) (In W.P. No. 8644 of 2020)

Mr. S.M. Monir, Additional Attorney General with

Mr. B.M. Abdur Rafell, D.A.G

..For the respondent No.4 (All the Writ Petitions).

Mr. Md. Masud Hasan Chowdhury, Advocate

.....For the respondent No.4. (In W.P. No. 3824 of 2016)

Judgment on: 14.12.2023

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

Md. Khasruzzaman, J:

In the present writ petitions, the subject matter and point of law involved are same although the parties are different. As such, the above writ petitions are taken up together for hearing and are being disposed of by this single judgment.

In Writ Petition No. 289 of 2019 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 order dated 11.11.2018 passed by the respondent No.4 in Resume Case No. 1 of 2018 resuming 16.24 acres of land out of 17.27 acres, acquired in L.A. Case No.38/62-63 and L.A. Case No. 75/62-63 (Annexure-K) so far it relates to the petitioner’s land measuring 12 kathas should not be declared to have been done without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.”

In Writ Petition No. 3824 of 2016 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 order dated 25.05.2015 passed by the respondent No.6 in Resume Case No. 3 of 2015 arising out of L.A. Case No.38/62-63 and 75/-62-63 resuming the leasehold property of the petitioner measuring 3.00 acres out of 5.00 acres of R.S. Dag No. 5931, R.S. Khatian No. 9 under District- Kushtia, Mouja-Kalishankorpur, Thana- Kotwali (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”

In Writ Petition No. 4479 of 2019 the Rule Nisi was issued in the following terms:

“Let a Rule Nisi be issued calling upon the