Tanvir & Associates

Law firm

Evening Chamber Court Chamber:

8th Floor, Planners Tower, Room no. 405,
Bangla Motor, Dhaka. Supreme Court Bar Association
Email: tanvir.mahtab.alif@gmail.com Dhaka, Bangladesh.
Contact: 01631480648

LEGAL NOTICE
(Registered with A/D)

Date: 26.11.2021.

To

1. The Government of the People’s Republic of Bangladesh

Represented by, The Secretary, Ministry of Land
Shahbag, Dhaka.
2. Deputy Commissioner Dhaka
16 Johnson Rd, Dhaka 1100
3. Additional Deputy Commissioner Dhaka,
16 Johnson Rd, Dhaka 1100
4. Assistant Commissioner of Land, Dhanmondi.
3/A Babupura, Katabon, Kataban Rd, Dhaka, Bangladesh.
............ Notice Recipients.

From:

Tanvir Mahtab
Advocate, Supreme Court of Bangladesh
…....... Notice Sender.

For and on behalf of:

Mr. Khaleq Ahmed.

House no. 14, Dhanmondi 7, Dhaka.
(Hereinafter referred to as ‘our client’)

Subject: Legal Notice to withdraw eviction notice.

Dear sir,
Being instructed by our aforesaid client Mr. Khaleq Ahmed, we are serving you this legal notice
in the following manner-
1. That our client Mr. Khaleq Ahmed, successors of late Abdul Hamid, is a law-abiding citizen
of Bangladesh. My client came from a respected family and is the owner of inheritance
property House no 14, Dhanmondi 7, Dhaka and residing in the same address. And you the
notice receiver No. 1 is The Government of the People’s Republic of Bangladesh
Represented by, The Secretary, Ministry of Land, notice receiver No. 2,3 and 4 are Deputy
Commissioner Dhaka, Deputy Commissioner Dhaka and Assistant Commissioner Land
Office, Dhanmondi respectively.
2. That late Abdul Hamid, father of Mr. Khaleq Ahmed bought the before mentioned house
from Mst. Kulsum Begum by a registered ‘Saf kabala’ Deed no. 1287 dated 20.01.1969 and
thereinafter duly mutated against the said property. Subsequently his name was recorded in
 Tanvir & Associates
Law firm

Evening Chamber Court Chamber:

8th Floor, Planners Tower, Room no. 405,
Bangla Motor, Dhaka. Supreme Court Bar Association
Email: tanvir.mahtab.alif@gmail.com Dhaka, Bangladesh.
Contact: 01631480648

the city-survey and he regularly paid the land revenue. Likewise, he paid Gas, water and
electricity bill in his name. He had been the owner of that house for 36 years and his
possession was not interrupted by any one or authority.
3. That, said Abdul Hamid died in 2005 leaving a sole heir, Mr. Khaleq Ahmed, our client and
consequently, he became the owner of that said property by inheritance. To replace his
father’s name with his own name in the mutation deed, he appeared before the AC land
office. However, the concerning authority informed him that his name cannot be mutated
against the said property as the property was acquired by the Government in the year of
1961 by LA Case no. 592/61-62. This made his possession illegal and subject to eviction.
4. That, Mr. Khaleq Ahmed received the notice sent by notice receiver 4, dated on 25.10.2021
where it was specified that the said property belongs to the Government of Bangladesh and
the possession of Mr. Khaleq Ahmed is illegal. He was also directed to evacuate the house
within 15 days and otherwise, he shall be evicted.
5. That, Section 39 of স্থাবর সম্পত্তি অত্তিগ্রহণ ও হুকুমদখল আইন, ২০১৭ instructs the
district administrator to hold an arbitration if any dispute rises. In this present case, there is a
dispute regarding the ownership of the property. Without sorting this out, the authority sent
an eviction notice to our client. The said property has been under the possession of his
father, followed by him for more than 52 years without interception and thus established a
concrete possession which should not be subject to evection suddenly. If we consider this
property belongs to the government, it may lose its entitlement upon the property for its
negligence for such a long time. Furthermore, Abdul Hamid bought the property from
Kulsum Begum in good faith and hereinafter paid revenues and other bills regarding the
property. If this property belonged to the government, the mutation would not be possible
and all the bills would not be made in his name. Also, the City Survey is a legit evidence
which proves that the property belonged to our client’s father.
6. That the notice receiver 4, by sending eviction notice without prior resettlement or
rehabilitation, constitutes a violation of the right to life, including the right to shelter,
guaranteed by Articles 32 of the Constitution, read with Article 15. Along with this, our
client is a reputed citizen of the society and this kind of eviction notice hampered his
reputation. Moreover, our client has no other place to reside in and this eviction might cause
him serious injury to his life.
7. That, under the aforesaid circumstances, our client has been facing miserable mental agony.
8. That under the aforesaid circumstances, you, the notice receivers are humbly requested to
withdraw the eviction notice of 25.10.2021; within 30 (Thirty) days of this notice and also to
take proper steps to mutate the property against the name of our client. Looking forward to
hearing from you soon. If you fail to take such action within the given time period, we are
under clear instruction from our client to take appropriate legal actions against you.
Note: A copy of this Legal Notice is kept in our office for further reference.

Regards,
Tanvir

(Tanvir Mahtab)
Advocate, Supreme Court of Bangladesh

Description of the property

 Tanvir & Associates
Law firm

Evening Chamber Court Chamber:

8th Floor, Planners Tower, Room no. 405,
Bangla Motor, Dhaka. Supreme Court Bar Association
Email: tanvir.mahtab.alif@gmail.com Dhaka, Bangladesh.
Contact: 01631480648

All the piece or parcel of land measuring 20 Katha, plot no 44 in Dhanmondi 7, Mpuza –
Dhanmoni 7, Kolabagan Sub Registry Office.
Being butted and bounded
On the North: Plot no 43
On the South: 40 feet wide road.
On the East: Plot no 42
On the West: Plot no 45
(Tanvir Mahtab)
Advocate,
Supreme Court of Bangladesh