THE SUPREME COURT OF BANGLADESH  

HIGH COURT DIVISION 
(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.                         OF 2023

IN THE MATTER OF:

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

-A N D- 

IN THE MATTER OF:

1.  Md.Alomgir Hossain (Alo)  Son of   Late Abul Hossain  

of Village :Kefayat Nagar, Basundia Post Office :
Basundia Police Station :Sador    ,District:
Jashore                                     
                 ------Defendant-
Petitioner.

-VERSUS-
 -2-

1.The Government of the People's Republic of

Bangladesh, represented by the Secretary, Ministry of
Land, Bangladesh Secretariat, Ramna, Dhaka.

        2.Land Survey Tribunal ,Jashore

3.Director General, Directorate of land record and

Survey, Sat Rastar  Mor, Tejgaon, Dhaka
4.The Government of People's Republic of Bangladesh,
represented by the Deputy Commissioner, Jashore.
5.Additional Deputy Commissioner (Revenu) , Jashore
6.Zonal Settlement officer,Police Station-
Kotwali,District- Jashore
7.Assistant Commissioner of Land Police Station :
Kotwali,District- Jashore 
8.Toushildar, Jongalbatan  Union  land office , Police
Station: Kotwali    ,District: Jashore 

.
                                                                   ------Defendants-Respondent

9. Md. Tuhin Khan

   Son of  Late Abdur Satter Khan 
of Village :Sadullapur Post Office : Basundia Police
Station :Sador    ,District:
Jashore                                    ------Plaintiff-
Respondent 

10.Md. Abul Hossain Khan 

11.Md. Altaf Hossain Khan
12.Md. Anwar Khan
 -3-

13.Md. Anisur Rahman Khan

14.Md. Aminur Rahman Khan
15. Md. Mominur Rahman Khan
 All Son of   Late Aziz Khan 
All Sadullapur Post Office : Basundia Police
Station :Sador    ,District: Jashore
16.Most Bemoti, Wife of late Abul Kashem
 Of village : Basundia Post Office : Basundia Police
Station :Sador    ,District: Jashore
17.Most. Monowara Begum, Wife of Abdul Gaffar of
Village :Munshefpur, Police Station :Sador    ,District:
Jashore
18. Most. Selina Khatun, Wife of Abdul Mazid Khan,
Of Village :Mahamudpur, Police Station :Bagarpara   
,District: Jashore
19. Most. Amina Khatun,Wife of Ishak Ali 
Sadullapur Post Office : Basundia Police
Station :Sador    ,District: Jashore 
Most. Parvin Khatun  Renu , Wife of Fashir Rahman ,
Of Village: Mahiran , Police Station :Bagarpara    ,Dis
trict: Jashore
 Most. Jusna Khatun , Wife of Akram Hossain, Of
village Bharampur, Post Office : Bharampur Police
Station :Bagarpara    ,District: Jashore
20. Most. Saleha Begum , Wife of late Aziz Khan of
Village :Sadullapur Post Office : Basundia Police
Station :Sador    ,District: Jashore  
21.Md. Kawshar Molla
22. Md. Abdul Haque
23.Md. Shamser  Ali
24. Md. Arez Ali 
All sons of late Muktar Molla
Of Village : Kefaitenagar, Post Office : Basundia
Police Station :Sador    ,District: Jashore  
25.Most. Bhanu Bibi, Wife of  late Abdul Satter Of
village : Jangolbatan , Post Office : Basundia Police
Station :Sador    ,District: Jashore  
26. Most. Monwara Khatun , Wife of Abdul Barik 
27. Most. Hena Khatun, Wife of Abdul Gaffar
28.Most. Saira Khatun , Wife of late Moktar Ali, 
All of village : Basundia Post Office : Basundia Police
Station :Sador    ,District: Jashore  
29.Most. Shewli Begum
30.Most. Shilpi Begum
31 Most. Shila Begum
All Daughters of late Abul Hossain 
 -4-

All Of Village : Kefaitenagar, Post Office : Basundia

Police Station :Sador    ,District: Jashore
 32. Ashfaq Ibriham Sumon
33.Md. Sujon Khan
34. Md. Imon Khan
35. Md.Abdul Mannan
36. Most. Ratna Khatun 
37. Most. Panna Khatun
All of Sons and Daughters of Late Ibrahim khan 
38. Most. Munniyara Begum , wife of Ibrahim
Hossain 
All Of Village : Kefaitenagar, Post Office : Basundia
Police Station :Sador    ,District: Jashore

                                   
                                 ------Pro-forma Respondents

A N D 
IN THE MATTER OF:
The Judgment and decree dated
09.03.2023 (decree signed on
13.03.2023) Passed in Land Survey
Tribunal Suit No. 214 of 2019 by
Mr. Shahjan Ali, the learned Land
Survey Tribunal, Jashore
(ANNEXURE-“B ,B-1”) decreed the
suit Ex-Party.
To
 -5-

Mr. Justice Hasan Foez Siddique, the Hon'ble Chief Justice of

Bangladesh and his Companion Justices of the Hon’ble
Supreme Court of Bangladesh. 
The humble petition of the
petitioner above named most
respectfully-
S H E W E T H :-

1.That, petitioner is a law abiding and permanent

citizen of Bangladesh and. The address as given in the
cause title is correct. 

2.That the addresses of petitioner and respondents as

given in the cause title are correct addresses for the
purpose of proper services and notice to them.

3.That, the respondents No. 1 is the Government of People

Republic of Bangladesh, represented by the Secretary,
Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka,
The respondent No. 2 Land Survey Tribunal ,Jashore,The
respondent No. 3 is the Director General, Directorate of land
record and Survey, Sat Rastar  Mor, Tejgaon, Dhaka.  The
respondent No. 4 is Zonal Settlement officer, Police Station-
Kotwali,District- Jashore.The respondent No.5 is The
Government of People Republic of Bangladesh, represented by
the Deputy Commissioner,  Jashore, the respondent No.6 is
the Assistant Deputy Commissioner (Revenu) , Jashore,the
 -6-

respondent No.7 is the Assistant Commissioner of Land Police

Station :Kotwali   ,District:Jashore., the respondent No. 8 is
the Toushildar, Jongalbatan  Union  land office , Police
Station: Kotwali    ,District: Jashore . the respondent No. 9
was the plaintiff  and the  Pro- forma respondent No.10-38
were the defendants in the Land Survey Tribunal Case
No.214 of 201 .

4.That the plaint case in short alleging inter alia that the   land 
appertained in S.A  khatian No343 ,S.A  Plot No.1886/1920
measuring of land 286 decimals    of Mouza  previous 244
present 245  Basundia    , Under Police Station :Kotwali 
,District: Jashore   was    owned and possessed by one 
Moktar Ali     and the S.A record was duly  published in the
name of said Moktar Ali in 16 Annas in  S.A  khatian No
343 .thereafter S.A recorded tenant said Moktar Ali    while
was  enjoying the possession of the suit land , died leaving
behind wife Shaira Khatun 5 sons Kawsar Ali, Abdul Haque,
Shamser Ali Abul Hossain ,Ariz Ali  and 3 daughters Bhanu
Bibi ,Monwora Begum and Hena Khatun thereafter the heirs
of said Moktar Ali after inherited the suit property from said
Mokter Ali, while we're enjoying  the possession of 286
decimals of suit land  ,transferred the same to plaintiff by a
registered kabla deed No.4206 dated 27.05.2007.  and
inducted the possession of the same to plaintiff.Subsequently
the plaintiff possessed the suit land for more than 12 years 
by making a fishing Ghar and fishing in the said Ghar with
the knowledge of the defendants. that thereafter the plaintiff
after purchasing  the suit property from the heirs of  said
Mokter Ali, while we're enjoying the possession of the suit
land ,the operation of the R.S record has been started and  13
decimals of land out of 286 decimals from S.A plot
No.1886/1920 has been inadvertently  recorded in the name
of the father of defendant No. 1-14  namely Aziz Khan in R.S
Khatian No.226 and 2106  and rest 50 decimals of land has
been recorded in the name of the heirs of said Moktar Ali in in
R.S Khatian 2134 and 2137. It is to be mentioned here that
though 236 decimals of suit  land out of 286 decimals of 
suit  land was  inadvertently recorded in the name of Abdul
Aziz khan  but the said Abdul Aziz  khan or his heirs never
possessed the suit land. that the Said R.S khatian No.226 ,
2106,2134 ,2137 are  illegal ,unlawful and fraudulently
prepared in the name of Abdul Aziz khan and the heirs of said
Moktar Ali  . that on the basis of said disputed R.S khatian
the defendant will not have any title title  Actually the
defendants did not possessed the suit land and they have  no
 -7-

title possession and interest in  the suit land. and hence the
suit .    
          
Certified copy of the plaint of Land Survey Tribunal
Case No. 214 of 2019 is annexed hereto and marked as
Annexure-“A”.

5. That it is stated that no notice has been duly  served upon the
defendants.

6.That it is stated that during pendency of the land survey suit the
defendant No…..died leaving behind petitioner and respondents No
29-31 

 7.That  the  plaintiff Tuhin Khan   as P.W-1 gave deposition  in

supporting her case  and submitted  hir  documents in supporting hir
case which were marked as  Exhibits No.1,2-2(Ga) and ,3 and
thereafter the learned Land survey Tribunal,Jashore    was
however pleased to passed  an Ex-parte decree  against the defendants
.

                            Copies of the judgment and decree are

annexed hereto and marked as Annexure-“B & B-1”.

8.That it is humbly stated that the petitioner and other heirs

of the defendants  have been continuing possession over the
suit land since long before the date of filing the suit and by
dint of the impugned judgment and decree the respondents is
trying to take over possession of the suit land by force from
the petitioners so an appropriate order restraining the
respondents from dispossessing the petitioner may be passed
for end of justice.

9. That it is humbly stated that the impugned judgment and

decree has been passed by the land survey Tribunal, Jashore 
and the government has not yet established and Land Survey
Appellate Tribunal and thus the petitioner has got no forum
 -8-

to challenge the judgment and decree passed by the Land

Survey Tribunal, Jashore so that the petitioner has filed the
present writ petition invoking Constitutional Jurisdiction of
the Hon'ble High Court Division of the Supreme Court of
Bangladesh as there is no other alternative efficacious
remedy.

10.That it is humbly submitted that the land survey Tribunal

erred in law in passing the impugned judgment and Decree
inasmuch as the plaintiff  was not able to prove their right,
title, interest and possession over the suit land with reference
to the evidences on record and as such the judgment and
Decree is liable to be set aside and is liable to be declared to
have been passed without lawful authority and is of no legal
effect.  

11.That it is humbly submitted that plaintiff have failed to

prove their possession in the suit land by adducing oral
documentary evidence as such the same is liable to be
declared to have been passed without lawful authority and is
of no legal effect. 

12.That it is humbly submitted that the learned Land Survey

Tribunal, Jashore has failed to consider that in the R.S record
the name of the petitioner along with respondents  have been
recorded rightly and during the operation of R.S report, the
concern officers examined physical possession and title of the
land and after full satisfaction they prepared the record so the
along with opposite parties  have their  title and possession
over the suit land but in spite of that the learned tribunal 
without considering their title and possession has come into
an erroneous conclusion regarding the title and possession
over the suit land and in this instant case the learned
Tribunal has failed to apply his judicial mind and also did not
appreciate the case of the petitioner  which has highly
prejudiced the petitioner and as such the impugned judgment
and decree may be declared to have been passed without any
lawful authority and is of no legal effect.

13.That being aggrieved by and dissatisfied with the

impugned The Judgment and decree dated  09.03.2023
(decree signed on 13.03.2023) Passed in Land Survey
Tribunal Suit No. 214 of 2019 by Mr. Shahjan Ali, the learned
Land Survey Tribunal, Jashore and having no other equal
efficacious remedy provided by law the petitioners beg to
move this writ  petition on the following amongst other:
 -9-

GROUNDS

WHEREFORE, it is most humbly

prayed that your Lordships would
graciously be pleased to:

A. Issue a Rule Nisi calling    upon

the respondent No. 1-9 to show
cause as to why The Judgment and
decree dated 09.03.2023 (decree
signed on 13.03.2023) Passed in
Land Survey Tribunal Suit No. 214
of 2019 by Mr. Shahjan Ali, the
learned Land Survey Tribunal,
Jashore(ANNEXURE-“B”) decreed
the suit Ex-Party should not be
declared to have been passed
without any lawful authority and is
of no legal effect

B. Pending hearing of the rule

operation of The Judgment and
decree dated 09.03.2023 (decree
signed on 13.03.2023) Passed in
Land Survey Tribunal Suit No. 214
of 2019 by Mr. Shahjan Ali, the
learned Land Survey Tribunal,
 -10-

Jashore (ANNEXURE-“B”) decreed

the suit Ex-Party  may kindly be
stayed.

order of status-quo in respect of possession and position of the suit land.

g the records, hearing the parties' cause shown if any make the Rule absolute.
order awarding costs against the respondents.
pass such other orders or further orders or orders as to your Lordships may deem fit
per.

And for this act of kindness, the petitioners as in duty bound

shall ever pray.

A F F I  D A V I  T
I, Md.Alomgir Hossain   ,Son  of Late Abul Molla   
and Mother : Most. Nesarun Begum.  of
Village :Kefayat Nagar, Basundia Post Office :
Basundia Police Station :Kotwali    ,District:
Jashore                                   . date of Birth:
04.12.1992 by faith-Muslim, by-occupation-
Businessman , by Nationality-Bangladeshi by birth,
National ID No. 2383914625 do hereby solemnly
affirm and says as follows:-
 -11-

1.That I am the petitioner of the writ petition    and

acquainted with the facts and circumstances of the case
and competent to swear this affidavit. 

2. That, earlier the petitioners did not file any such

application before the Hon’ble Court.  
3.That the statements of facts made in this petition are true
to my knowledge and belief and the rest are submissions
before this Hon’ble Court. 
 -12-

Prepared in my office. 

(Md.Tariqul Islam ________________________

Khan) Deponent
Advocate
The deponent is known to
Solemnly affirmed  me and identified by me. 
before  me by  the said 
deponent on this
the .......th day of July,
2022

Md.Tariqul Islam Khan

Advocate
Membership No. 7520
Hall Room No.2 (Main)
Mobile: 01772-340347
 -13-

COMMISSIONER OF AFFIDAVIT
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION, DHAKA.

 IN THE SUPREME COURT OF BANGLADESH  

HIGH COURT DIVISION 
(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.                OF 2023

IN THE MATTER OF:

                                Md.Alomgir Hossain (Alo)
                                                 ------- Petitioner.

-VERSUS-
 -14-

The Government of People

Republic of Bangladesh,
represented by the Secretary,
Ministry of Land, Bangladesh
Secretariat, Ramna, Dhaka and
others
-----Respondents.

AN APPLICATION UNDER ARTICLE

102 OF THE CONSTITUTION OF THE
PEOPLE’S REPUBLIC OF
BANGLADESH. 

THROUGH :-

(Md. Tariqul Islam Khan)

Advocate
For the Petitioners
 -15-

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION 
(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.                OF 2023

IN THE MATTER OF:

                      Md.Alomgir Hossain (Alo)     
                                                          -------
Petitioner.

-VERSUS-
The Government of People Republic of
Bangladesh, represented by the
Secretary, Ministry of Land,
Bangladesh Secretariat, Ramna, Dhaka
and others
-----Respondents.
 -16-

INDEX OF PAPERS.S

  Description of Papers Date Page

01. Writ Petition.
02. Annexure-“A,” 
Certified copy of the plaint 
03 Annexure- “B and B-1”  Copy of the
Judgment and decree 

Filed by:
 -17-

(Md. Tariqul Islam Khan)

Advocate
For the Petitioners

 N O T I C E
IN THE SUPREME COURT OF BANGLADESH  
HIGH COURT DIVISION 
(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO.                OF 2023

IN THE MATTER OF:

               IN THE MATTER OF:
                                Md.Alomgir Hossain (Alo)
                                                 ------- Petitioner.

-VERSUS-
The Government of People
Republic of Bangladesh,
represented by the Secretary,
Ministry of Land, Bangladesh
Secretariat, Ramna, Dhaka and
others
-----Respondents.
To 
The Attorney General
Govt. of Bangladesh 
Dhaka. 

Dear Sir, 

Please take notice that an application under Article 102

of the Constitution of the People’s Republic of Bangladesh (A
copy enclosed herewith) will be moved before this Hon’ble
Court No.15 (Annex). 

Yours faithfully
-18-

(Md. Tariqul Islam Khan)

Advocate
For the Petitioner