IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)
WRIT PETITION NO. 3493 OF 2018
IN THE MATTER OF
An application under Article 102 of the Constitution of the People ’s Republic of Bangladesh
IN THE MATTER OF:
Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Faridpur
... Petitioner -Versus-
Secretary, Ministry of Land and others
... Respondents Mr. Kazi Mynul Hassan, DAG
.....For the petitioner Mr. Md. Serajul Hoque, Advocate
….. For the respondents No. 9-37
The 05th day of December, 2023
Mr. Justice J.B.M. Hassan
Mr. Justice Razik-Al-Jalil
J.B.M. Hassan, J:
The above-mentioned writ petition has been filed challenging
the judgment and decree dated 04.10.2016 passed by the learned Judge, Land Survey Tribunal, Faridpur in Land Survey Tribunal Case No. 385 of 2014.
Due to non existence of appellate forum at the relevant time of passing the decree, the petitioner could not prefer appeal challenging the said judgment and decree. Thus, having no alternative forum the
petitioner filed this writ petition challenging the said judgment and decree and obtained the present Rule Nisi. Now, by the State Acquisition and Tenancy (Amendment) Act, 2023, the appellate forum has been established and on 23.08.2023 the name of the Land Survey Appellate Tribunal, has been Gazetted. In the circumstances, this Court passed a judgment and order on 04.12.2023 analogously disposing of the Writ Petitions No. 5135 of 2018, 12559 of 2022, 11772 of 2022, 3743 of 2018, 12797 of 2022, 16281 of 2016, 2210 of 2022 and 7203 of 2022 allowing the respective writ petitioners to prefer appeals before the newly established Land Survey Appellate Tribunals of the respective districts with a direction to the Land Survey Appellate Tribunal to consider their appeals and applications for condonation of delay, if filed, in accordance with section 14 read with section 29 of the Limitation Act.
In the said judgment and order dated 04.12.2023 this Court observed as under:
“From the above order, it is apparent that due to non existence of the Land Survey Appellate Tribunal, the Apex Court extended the force of order of status quo till 03 (three) months from the date of establishment of the said Appellate Tribunal. But here in these matters, 3 months limitation period have already been passed from the date of establishment of appellate forum. Yet on identical circumstances, we consider that due to non existence of Land Survey Appellate Tribunal, the writ petitioners could not challenge the impugned judgment and decree or order and this situation led them to file writ petitions obtaining Rules Nisi in their respective writ petitions. Thus, they have remained under the litigations before this Court so long.
Now, since the appellate forum has been established, the petitioners are at liberty to prefer the appeal.”
In view of the above-mentioned judgment and order dated 04.12.2023 the Rule Nisi issued in the present writ petition is disposed of with the following directions: