Writ Petition

Our Ref: ________________

Dated: ______________________

BY REGISTERED POST WITH A/D

&

BY SPECIAL MESSENGER

Mr. X

Dear Sir,

We act for (1) Mrs. A, wife of B, (2) Mr. C, (3) Mr. D, (4) Mr. E and (5) Mr. F, all sons of B, all of ________________________________. Our clients have instructed us to serve this notice upon you as follows:

01. That our client Mrs. Apurchased the land measuring 56 decimals at Dag No.753, Mutation Khatian No. 224/13, Mouza- Bhatara, P.S. Gulshan, Dhaka (hereinafter referred to as the ‘Scheduled Property’). Since then Mrs. Ahas been enjoying exclusive possession of the land aforesaid without any let or hindrance from any squatter whatsoever upon payment of rents and taxes to the concerned authorities after mutating her name with the Records of Rights of the Government vide Mutation and Separation Case No. 6503 Sail/83 dated 23.06.83.

02. That thereafter Mrs. Qumrun Nahar, during the enjoyment of her exclusive possession of the Scheduled Property gifted part of the Scheduled Property, being 44 decimals out of the total 56 decimals by way of Hiba to her sons Mr. C , Mr. D, Mr. Eand Mr. F (11 decimals each) on 01.01.90 and confirmed/affirmed the said Hiba vide Affidavit dated 05.12.91 sworn in front of the 1st Class Magistrate, Dhaka. Thus our clients have become the owners of the Scheduled Property and have been in peaceful possession of the Scheduled Property without any let or hindrance from any squatter whatsoever upon payment of rents and taxes to the concerned authorities after mutating their names with the Records of Rights of the Government vide Mutation and Separation Case Nos. 12633/91-92, 12636/91-92, 12635/91-92 and 12634/91-92, all dated 02.01.92.

03. That in 1996 and thereafter in 2001 RAJUK tried to evict the landowners of the vicinity of the Scheduled Land on the allegation that the said lands were acquired by RAJUK under L. A. Case No. 138 of 1961-62

04. That thereafter our clients filed a Writ petition, being No. 5971 of 2003 in the division bench of the High Court division of the Supreme Court of Bangladesh challenging inter alia the legality of the acquisition made by RAJUK vide L.A. Case No. 138/61-62 of our client’s above land..

05. That thereupon after hearing the Learned Court initially was pleased to issue status- quo in connection with the Scheduled Property vide its Order dated _________ in favour of our clients. The status quo whereupon has been extended twice vide the Court’s Orders dated _____ & _________.

06. That the Learned Court lastly upon hearing issued a Rule in favour of our clients vide its Order dated_______________ also directing the respondents (RAJUK) to show cause as to why our clients shall not be given alternative Plot or be given compensation according to the present market value and till then directed RAJUK or any one not to disturb our clients of their peaceful possession in any way

07. That in the situation, please note that if RAJUK’s acquisition is determined to be unlawful and without any lawful authority by the Court, the subsequent allotment shall also be determined void and cancelled.

08. That therefore during the pendency of the Rule your time to time approach in attempt to encroach our client’s property and your recent construction of boundary wall in our client’s property is in complete violation of the direction passed by the Learned Court. Your such unlawful intruding to our client’s property is in complete disregard to the Writ Bench of the High Court Division of the Supreme Court of Bangladesh and which shall put you to the contempt of the Court.

09. That since our clients are lawful owners in possession of the Scheduled Property and in terms of the findings of the High Court Division in the aforesaid Writ Petition our clients are entitled either to alternative Plot or compensation according to the present market value, your such constructions of boundary wall during the pendency of the Rule in nothing but an insolence and shall tantamount to an offence under the Contempt of Court Act 1926.

In the premises stated above you are requested to demolish the brick wall you constructed on our client’s property within 24 (twenty four) hours of receipt of this notice and communicate compliance thereof to us or to our clients. Should you fail to comply with the request, our clients will be compelled to initiate necessary legal action against you. Any such actions taken by our clients shall be at your sole risk and responsibility.

A copy of this notice is kept in our office for future reference, should this be necessary.

Yours faithfully,

(__________________)

Advocate

Copy to:

The Chairman

Rajdhani Unnayan Kartripakkha

RAJUK Bhaban

RAJUK Avenue

Dhaka-1000

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