Synopsis

 All the C.S, S.A,R.S,City District- Dhaka, Police Station- Previously Keraniganj at present
jarip record of rights are Mohammadpur, Mouza- Katasur.
necessary to ascertain the I. C.S khatin C.S plot Area
ownership.
223 772 6.46
.. 5.31
Along with other 5 plots total area 24.72

Rohim Box and 27 others

S.A khatian S.A. plot Area

II. 253 772 3.17 out of 6.46

 A holding map of concernin
C.S,S.A,R.S, City jarip along .. 1.94 out of 5.31
with detail Pentagraph
explaining the encrochments. 256 772 52 out of 6.46
.. 52 out of 5.31

257 1.57 out of 5.31

 How many Khatians and

264 772 1.04 out of 6.46
plot has been attributed from the
concerned C.S and S.A 772 and Recorded owners Dulal Mia and others.
?
R.S. khatian- 389/604/606/607
R.S. Plot- 2022/1787/1786/2023/2137/2020/2015/2028/2026/2013/2014 and
other more.

City khatian- 12214/12213/12212/12207/12204/12216/12205/12206/12184

City plot- …….
 The case of the writ petitioner
Writ Petition No- 3091 of 2001

 The writ is in between Ali Noor

the Chairman of Ali and Noor real
estate and the government of
Bangladesh.
 The writ is preferred by the
petitioner being aggrieved by an order
dated 29.05.2001 passed by the
respondent no-0 5.
 The writ was filed on 24.06.2001
and obtained a Rule.
 The petitioner got an order of
statuesque till disposal of the rule.
 The respondent no 6 and 7 that is
the Griho Shoily Nirman Somabay
Somiti and Green View Real Estate
Ltd. was being added as a party on
25.09.2002.
 The petitioner got and order of
statuesque vide petition dated
01.07.2009 against res. 6 and 7.
 Petitioner filed this writ by virtue
 There is no specification of
deeds through which the
of ownership obtained by 15 different
petitioner obtained ownership. deeds purchased from the original C.S
and S.A. recorded owners.
 Petitioner is the owner of 5.8817
acres of land of which 2.3695 has
properly mutated and 3.5122 is yet to
be mutated.
 The present R.S. Khatian no.
12229 D.P. Khatian No. 336 a land
measured 2.8647 acres were recorded
out of 5.8817 acres and others land was
recorded in D.P. Khatian no.
3959,3267,45,2708,1098,798,141,208.
 That due to the recording in the
name of the petitioner some interested
person filed 19 objection case in the
settlement office under section 13 of
the SAT Act.
 The settlement officer allowed 2
and rejected 17 objection cases by order
dated 26.10.2000.
 The aggrieved parties filed
appeals under section 31 of SAT Act
before the settlement office.
 The appeals of 2001 filed by the
interested persons against the petitioner
were dismissed vide order dated
22.04.2001.
  19 appeal cases were called for
rehearing on 16.09.2001 by virtue of
the power exercise by the settlement
officer vide dated 13.08.2001 and
vested an ASO for rehearing.
 The petitioner contested the
hearing filing a written statement but
rejecting the written submission the
ASO allowed the appeals by order
dated 27.03.2002 and set aside
26.02.2000.
 The petitioner put the matter on
the concerned Minister to take
necessary action and in respect to that
the judgment dated 27.03.2002 was set
aside and reinstated the judgment of
22.04.2001.
 On request of the respondent no
6 and 7 dated 27.03.2002 the D.G. had
formed a committee to reconsider the
appeal cases vide dated 13.04.2002.
 The committee issued notice for
hearing the parties on 11.04.2002 and
27.04.2002.
 Notice vide dated 29.05.2002 the
Director after hearing and observing the
opinion of the committee ordered to
send the appeals for remand and
dismissed the orders previously passed
by the settlement office.
 The petitioner has preferred this
writ petition 3091 of 2002 confronting
the order of the settlement office vide
dated 29.05.2002.
 The writ petition has once
dismissed for default and revived by the
petitioner.
 The writ petition is still pending
for hearing.

On perusal of the papers a suit for declaration along with a prayer for
correction of records and another prayer for partition is required both the
parties has made the same mistake and it is pertinent that no question of law
or fact regarding the wrong publication cannot be ascertained by the Hon’ble
High Court in this Writ petition the Hon’ble High Court can only interfere in
the matter of irregularities conducted by any part involved herein. It is
apparent from the papers a civil suit has been filed as Title Suit no 304/2011,
for declaration as there in involvement of a huge quantity of land records of
rights concerned to the land in concern all the C.S, S.A, R.S and City Jarip
khatians is needed along with a pentagraph in response to C.S, S.A, R.S and
City Jarip recorded maps is highly recommended. It appeared from the
papers that the writ petitioner has attained title ownership by way of 15
deeds but no chain of ownership is provided in that case it is not possible to
ascertain the proper chain of ownership. The writ and in respective
settlement cases are recording matter but to properly settle the matter a civil
suit in necessary which has been attributed by the ASO by himself as the
record has already been finalized the result out of this writ will not effective
unless a civil suit and regards to that a proper judgment and decree. As the
writ petitioner has not submitted any sale deed of his ownership it is not
possible to draw a complete picture of the land owned by the petitioner as
from the petition it appeared that the petitioner is the owner of 5.8817 acres
of land by way of purchase, mutated 2.8647 acres of land and on the other
hand Shoily Griho Nirman Somobay Somity and Green View are the owner
by way of 30 different purchase deeds. As the writ is still pending and only a
status quo is ordered (the is no copy of judgement or order of the High
Court) in favour of the petitioner against the notice dated 29.5.2002 which is
still in action and as there is no stay order the proceedings can run.
 Lists of Purchase Deeds

Deed no Name of Buyer & Seller Area

12653 Buyer: Nojimun Nessa .52
30.11.1962 Seller: Abdul Barek and Jahrul

13206 Buyer: Ramlam 1.57

13.09.1939 Seller: Sheikh Tajimuddin

2709 Buyer: Fokku Bibi 1.57

25.03.1955 Seller: Doyaram

5693 Buyer: Md. Rafiqul Islam & others 1.57

9.11.1966 Seller: Fokku Bibi

15952 Buyer: Shofiqul Islam & Others 4.59

24.07.1972 Seller: Nojimunnessa

11980 Buyer: Shahjada Miya 5.31

19.09.1968 Seller: Md. Mohammadi Mia

4499 Buyer: Shahjada & others 1.10

6.04.1961 Seller: Md. Amir Uddin & others

1963 Buyer: Malu Bepary 2.08

18.02.1961 Seller: Dulal Mia

10584 Buyer: Green View Housing .1950

29.07.1980 Seller: Shahajada Miya

9935 Buyer: Green View Housin .2050

30.08.1980 Seller: Lut Miya

3717 Buyer: Green View Housing .2950

03.03.1980 Seller: Lut Miya

2468 Buyer: Green View Housing .1950

29.07.1980 Seller: Shahajada Mia

699 Buyer: Green View Housing .1320

08.01.1980 Seller: Md. Ahsanullah

695 Buyer: Green View Housing .26

08.01.1980 Seller: Md. Rafiqul Islam

684 Buyer: Green View Housing .5875

06.01.1980 Seller: Ahsanullah

683 Buyer: Green View Housing .33

07.01.1980 Seller: Rafiqul Islam

40738 Buyer: Greho Shoily Nirman .0825

25.10.1979 Seller: Rafiqul Islam & Others
28682 Buyer: Greho Shoily Nirman .0825
05.05.1980 Seller: Rafiqul Islam & Others

40668 Buyer: Greho Shoily Nirman .0825

25.10.1979 Seller: Rafiqul Islam & Others

39239 Buyer: Greho Shoily Nirman .0800

10.10.1979 Seller: Rafiqul Islam & Others

39238 Buyer: Greho Shoily Nirman .0825

15.10.1979 Seller: Rafiqul Islam & Others

39128 Buyer: Greho Shoily Nirman .0825

05.05.1980 Seller: Rafiqul Islam & Others

24684 Buyer: Greho Shoily Nirman .0825

05.05.1980 Seller: Rafiqul Islam & Others

12377 Buyer: Greho Shoily Nirman .0825

5.05.1980 Seller: Rafiqul Islam & Others

12376 Buyer: Greho Shoily Nirman .0825

5.05.1980 Seller: Rafiqul Islam & Others

12375 Buyer: Greho Shoily Nirman .0825

5.05.1980 Seller: Rafiqul Islam & Others

12374 Buyer: Greho Shoily Nirman .0825

5.05.1980 Seller: Rafiqul Islam & Others

4440 Buyer: Greho Shoily Nirman .0825

14.10.1986 Seller: Shahajada

4439 Buyer: Greho Shoily Nirman .0825

14.10.1986 Seller: Shahajada

3730 Buyer: Dr. A Khalek .33

16.09.1987 Seller: Shahajada

1749 Buyer: Dr. A. Khalek .1650

29.06.1992 Seller: Shoili Housin

3729 Buyer: Greho Shoily Nirman .33

16.09.1987 Seller: Shahajada

3639 Buyer: Greho Shoily Nirman .8025

15.091987 Seller: Shahajada

3378 Buyer: Ensab Ali & others .4150

08.09.1999 Seller: Rafiqul Islam & Others

1865 Buyer: Greho Shoily Nirman .0825

22.04.1987 Seller: Shahajada
1864 Buyer: Musfiqur Rahman .0825
22.04.1987 Seller: Shahajada

842 Buyer: Greho Shoily Nirman .0825

01.03.1988 Seller: Shahajada