IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 3623 of 2020.

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. Selim Miah

…Petitioner

-V E R S U S-

Government of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat Building, Dhaka and others.

                                             …....Respondents Mr. A.K.M. Faiz, Senior Advocate with

Mr. Md. Aminul Islam, Advocate

        …..For the petitioner Mr. Sk. Shaifuzzaman, DAG with

Ms. Rehana Sultana, AAG and

Mr. Md. Samiul Alam Sarkar, AAG and

Mr. Ashique Rubaiat, 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: 14.11.2023.

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 12.03.2020, in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the judgment and decree dated 27.10.2019 (decree signed on 28.10.2019) passed by the Land Survey Tribunal, Moulvibazar i.e. respondent No.5 in Suit No.420 of 2016 (Land Survey) dismissing the suit filed by the petitioner against the defendant without order as to cost 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 petitioner has failed to redress his grievance 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 petitioner of the writ petition may redress his grievance by filing appeal, before the respective Land Survey Appellate Tribunal of the respective district 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 district 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 petitioner may redress his grievance by filing appeal, before the Land Survey Appellate Tribunal, Moulvibazar 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 petitioner is at liberty to prefer appeal within 03(three) months from date, if any, before the Land Survey Appellate Tribunal, Moulvibazar and in preferring such appeal delay occurred, if any, shall be condoned.

In the meantime, the order of stay and 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 date, whichever is earlier.

Communicate the judgment and order at once.

Khizir Hayat, J:

I agree.