IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 4345 of 2018.

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Md. Younus Ali Fakir alias Monzu and another

    …Petitioners

-V E R S U S-

Government of Bangladesh and others.

                                             …....Respondents No one appears

…..For the petitioners Mr. Md. Abdul Alim Miah Jewel, Advocate

....For the respondent No.6 Mr. Sk. Shaifuzzaman, DAG with

Ms. Rehana Sultana, AAG and

Mr. Md. Salim Azad, AAG and

Mr. Md. Samiul Alam Sarkar, AAG and

Ms. Zulfia Akhter, AAGs

                           …. For the respondents

Present:

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Khizir Hayat

Heard and Judgment On: 07.12.2023.

K. M. Kamrul Kader, J :

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh this Rule Nisi was issued on 09.04.2018, in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the judgment and order dated 13.07.2017 passed by the Land Survey Tribunal, Pabna in Land Survey Tribunal Suit No.889

of 2014 under sections 144/145A of the State Acquisition and Tenancy Act, 1950 rejecting the application under Order 7, Rule 11 of the Code of Civil Procedure (As contained in Annexure-C) 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 pass as to this Court may seem fit and proper.”

This Rule Nisi was issued on the ground that the Government has not yet been established any Land Survey Appellate Tribunal under Section 145B of the SAT Act. Due to this reason, the petitioners have failed to redress their grievances by filing appeal against the order, judgment and decree passed by the concerned Tribunal.

Mr. Sk. Shaifuzzaman, learned Deputy Attorney General submits that the government has already been published Gazette for establishing Land Survey Appellate Tribunal in different districts and the petitioners of the writ petition may redress their grievances by filing appeal, before the respective Land Survey Appellate Tribunal of the respective districts and as such, he prays for discharging the Rule.

It appears that in the meantime, the Government has already established the Land Survey Appellate Tribunal in the respective districts vide Gazette notification dated 11.07.2023 to hear the appeal arising out of judgment and decree and/or order of the Land Survey Tribunal in different districts. Considering the facts and circumstances of the matter, we are of the view that the petitioners may redress their grievances by filing appeal, before the Land Survey Appellate Tribunal, Pabna  and as such, the Rule issued by this Court has became infructuous.

In the result, the Rule is discharged without any order as to costs. The petitioners are at liberty to prefer appeal within 03(three) months from the date of receipt of the order, if any, before the Land Survey Appellate Tribunal, Pabna and in preferring such appeal delay occurred, if any, shall be condoned. 

 In the meantime, the order of status quo granted at the time of issuance of the Rule shall continue till filling of the appeal before the Land Survey Appellate Tribunal or 03(three) months from the date of receipt of this order, whichever is earlier.

The learned Advocate for the petitioners are permitted to take back the certified copies of the annexures, if any, by substituting the Photostat copy of the same.

Communicate the judgment and order at once.

Khizir Hayat, J:

I agree.