Decided on October 28,2009

Hazi Zahirul Islam Appellant
Government Of Bangladesh Respondents


MD.ASHFAQUL ISLAM, J. - (1.) At the instance of the petitioners, this Rule Nisi was issued calling upon the respondent to show cause as to why the impinged 8 (eight) notices dated 01.02.2003 issued under the signature of respondent No. 3 for rehear-ing of Settlement Appeal Case No. 2846, 2847, 2849, 2850, 2857, 2858, 2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure- E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and witho-ut lawful authority and why direction should not be issued to send the draft publication of Khatian No. 237, 155, 125 and 245 of Mouza Shantinagar, Police Station Motijheel, Dhaka prepared in the name of the petitioners to the Settlement Press for final publication.
(2.) Facts leading to the issuance of the present Rule, in short, arc that after completing all the stages of proceeding of survey and settlement of recent Mohanagari settlement under relevant Rules of Stale Acquisition and Tenancy Rules, 1955 (herein after referred to as S.A. and T. Rules. 1955) (i.e. proceeding known as khanapuri, Bujaral, Attestation, objection and Appeal) 1.20 acres of land covered by D.P. Khatian No. 237 of Mouza Shantinagar, under Police Station Motijheel, District-Dhaka were recorded in the names of Hazi Zahirul Islam, Jainal Abedin, Hazi Mahbubul Islam, Mojibul Islam (the petitioner Nos. l, 2, 3 5) and 8 others, 0.4050 acre of land covered by D.P.khatian No. 155 were recorded in the name of Hazi Zahirul Islam (The Petitioner No. 1), 0.0730 acre land covered by D.P. Khatian No. 125 were recorded in the name of Kamal Uddin (the petitioner No. 4) and 0.0078 acre land covered by D.P.Khatian No. 245 were recorded in the name of Mojibul Islam( the petitioner No. 5).
(3.) The petitioners and their other co-sharers have been owning and possessing a total 1.837 acres of land covered by the aforesaid 4 khatians No. 237, 155, 125 and 245 and some other lands total being 3.21 acres from the time of their predecessors namely Hazi Hafizuddin, Afsaruddin and Md. Taher who purchased the 3.21 acres of land including the lands covered by the aforesaid four D.P. khatians from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26.08.1952 and have been owning and possessing the same by constructing residential-cum-commercial building.;

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