HAJI NURUL ISLAM Vs. MAINA MIAH

JUDGEMENT

(1.) Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 24.08.2009 passed by the High Court Division in making the Rule absolute issued in Writ Petition No.6981 of 2007.

(2.) The respondent No.1 hereof filed the leave petition praying for a direction upon the respondent to issue required Trade Organization License as per report of the writ respondent No.6 and in the light of the judgment and order dated 21.05.2007 passed by the High Court Division in disposing of the Writ Petition No.7347 of 2005.

(3.) The facts, in short, are that two applicants, namely, Sunamganj Bus Minis Bus Micro Bus Malik Group and Sunamganj Zilla Sarak Paribahan Malik Samity Group filed applications for license under the Trade Organization Ordinance and in that connection earlier Writ Petition No.7347 of 2005 was filed in the High Court Division and the said writ petition was disposed of on contest with a direction upon the writ respondent No.6 thereof as under: "It appears that the present petitioner filed an application before the concerned authority for issuance of Trade Organization License which is pending before the licensing authority and on the application filed by Respondent No.7 a report was called for from the Deputy Commissioner, Sunamganj by the Senior Assistant Secretary of the concerned Ministry by a letter dated 10.04.2005. Thereafter the impugned letter dated 10.10.2005 was issued, not suo-moto by the Deputy Commissioner, Sunamganj but as per direction of the concerned authority, which is evident from Annexure-A and B. The application filed by the present petitioner is pending before Respondent No.6 whereas the application filed by the respondent No.7 is lying with Respondent No.1 for disposal. As per the Ordinance, Respondent No.6 is the competent authority for taking a decision in granting Trade Organization License in favour of any organization. We are of the view that it would be fair if both the applications are placed before Respondent No.6 along with all relevant documents and reports for his perusal and decision in accordance with law."