IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)
WRIT PETITION NO. 4074 OF 2022
IN THE MATTER OF:
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
AND
IN THE MATTER OF:
Sheikh Shaheb Ali
… Petitioner.
-VERSUS-
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka and others.
… Respondents.
None appears for the petitioner.
Mr. Abdul Kuddus, Advocate
...... for the respondents.
Mrs. Anna Khanom(Koli), A.A.G.
….For the respondents (State) Heard & Judgment on: 07.12.2023
Present:
Mr. Justice Md. Jahangir Hossain
&
Mr. Justice S M Masud Hossain Dolon
Md. Jahangir Hossain, J:
By filing this writ petition, under article 102 of the Constitution of
the People’s Republic of Bangladesh, the petitioner challenged the legality of the judgment and decree dated 25.11.2021 passed by the learned Judge, Land Survey Tribunal, Gopalganj in Land Survey Suit No.39 of 2019.
The main contention of the writ petition is that as the appellate forum of the said judgment and decree i.e. the Land Survey Appellate
1
Tribunal has not been established, therefore the petitioner has/have no other alternative forum but to file this writ petition.
Heard the learned Advocate for the Respondent, perused the writ petition along with its annexures, and other materials on record placed before us.
It appears that some factual aspects are involved with the impugned judgment and decree and the Land Survey Appellate Tribunal is the proper forum to adjudicate the same. It also appears that till filing this writ petition no Land Survey Appellate Tribunal was established, but during the pendency of the Rule the Government has established the same.
In view of the aforesaid, we are of the view that justice would be best served if without entering into the merit of the case the Rule is disposed of with directions.
Accordingly, the Rule is disposed of with the following directions:
However, there shall be no order as to costs. Communicate the judgment and order at once.
S M Masud Hossain Dolon , J:
I agree.
Md. Majibur Rahman Bench Officer.