IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.4856 of 2011

With

WRIT PETITION NO.4486 of 2011

IN THE MATTER OF:

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

AND

IN THE MATTER OF:

1. Ahmed Zamir Faizul Islam .... Petitioner.

-Versus-

The Government of Bangladesh and others. ………….Respondents

(In W.P. No.4856 of 2011).

2. Sagir Ahmed ... ... Petitioner. -Versus-

The Government of Bangladesh and others.

………….Respondents

(In W.P. No.4486 of 2011). Mr. Hassan M.S. Azim with

Mr. Ashfaqur Rahman, Advocates

....... For the petitioner. (In W.P. No.4856 of 2011).

Mr. A.Q.M. Safiullah with Mr. Ruhul Ameen, Advocates

.........For the Respondent No.7 (In W.P. No.4856 of 2011).

Mr. A.Q.M. Safiullah with

Mr. Ruhul Ameen, Advocates

....... For the petitioner. (In W.P. No.4486/2011).

Mr. Hossain M.S. Azim with

Mr. Ashfaqur Rahman, Advocates ......For the respondent No.6.

(In W.P. No.4486/2011).

Heard On: 23.06.2021, 08.09.2021 &

04.11.2021 And Judgment On: 09.03.2022.

Present:

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Muhammad Mahbub Ul Islam

K.M. Kamrul Kader, J:

These 2 (two) writ petitions have been taken up together

for hearing and disposed of by a single judgment as these are involve common question of facts and law. Almost in common terms both the Rule Nisi were issued by this Court.

In Writ Petition No. 4856 of 2011, this Rule Nisi was issued on 18.08.2011, in the following terms:

“Let a Rule Nisi be issued calling upon the respondents No.2 & 3 to show cause as to why the order contained in memo No.O.PRO/CHA/DA/193, dated 10.05.2011 issued by the respondent No.2 (Annexure-C) shall not be declared to have been made illegal and without lawful authority and/or why such other or further order or orders as this Court may deem fit and proper, should not be passed.”

In Writ Petition No. 4486 of 2011, this Rule Nisi was issued on 17.10.2011, in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the

impugned order dated 10.05.2011, passed by

the respondent No.5 (Annexure-E) appointing

respondent No.2 as the Official Mutwalli of

Pathantoli Hakim Ali Jame Mosjid Waqf Estate,

should not be declared to have been passed

without lawful authority and of no legal effect

and further to show cause as to why direction

should not be given to appoint the petitioner as the Mutwalli of Pathantoli Hakim Ali Jame Mosjid Waqf Estate; and/or such other or further order or orders passed as to this Court may seem fit and proper.”

Facts relevant for disposal of the Rule, in Writ Petition No. 4856 of 2011 are that Hakim Ali Jame Masjid is situated at Mogultoli area under the Double Muring Police Station, Chittagong, which was established vide a registered Waqf Deed being No. 173 dated 18.04.1945. It is stated that Liyaqat Ali, son of Abdul Hakim, Sultan Ahmed and Saiyad Ahmed, sons of Liyaqat Ali, and Moulana Zamiruddin, son of Roushan Ali dedicated their immovable property measuring an area of 346 decimals or 17 gandas 3 karas' of land in favour of the aforementioned mosque and appointed Nur Mohammad, son of Minnat Ali as the Mutwalli. Thereafter, one of the Waqifs Zamir Uddin's son Alhaj Nurul Islam was orally appointed as Mutwalli and meanwhile, Fatima Khatun, wife of Ahmed Kabir, one of the recorded tenants of the related R.S. 'khatian' vide registered Waqf Deed No.9858 dated 21.06.1980, dedicated an area of 4 'gandas' 3 'karas' 2 'kranties' in favour of the said mosque and appointed Alhaj Nurul Islam, son of Zamir Uddin as the ' Mutw