IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 3812 OF 2022

IN THE MATTER OF

An  application  under  Article  102 (2) of the Constitution of the People ’s Republic of Bangladesh

-AND-

IN THE MATTER OF:

Dinarpur High School represented by the Secretary  Md.  Nizam  Uddin  Talukder, Headmaster, Dinarpur High School, Post- Daopara, Nobigonj, District-Hobigonaj.

... Petitioner -Versus-

Land  Survey  Tribunal,  Hobigonj  and others.

... Respondents None appears

.....For the petitioner Ms. Salina Akter, Advocate

….. For the respondents

The 29th day of February, 2024

Present:

Mr. Justice J.B.M. Hassan

and

Mr. Justice Razik-Al-Jalil

J.B.M. Hassan, J:

The above-mentioned writ petition has been filed challenging

the  judgment  and  decree  dated  05.10.2024  (decree  signed  on 12.10.2021) passed by the Land Survey Tribunal, Hobigonj in Land Survey Tribunal Case No. 1084 of 2016.

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:

1.                The  petitioner  is  at  liberty  to  prefer  appeal before  the  Land  Survey  Appellate  Tribunal with an application for condonation of delay and, if so filed, the Appellate Tribunal shall consider the application as well as the appeal in  accordance  with  section  14  read  with section 29 of the Limitation Act.
2.             Send  down  the  lower  Court’s  records,  if arrive in the meantime.
3.          The  petitioner  and  the  respondents  are  at liberty to take back all the original certified copies  annexed  with  the  respective  writ petitions  or  affidavits  in  opposition  or application(s)  or  affidavit(s)  on  furnishing photocopies  thereof  duly  attested  by  the respective learned Advocates.

4.           The  interim  order  of  stay  and  status  quo passed by this Court at the time of issuance of the  Rule,  be  extended  for  further  4(four) months from date or until filing the appeal, whichever is earlier.

Razik-Al-Jalil, J:

I agree.