DEWAN SHAMSUL ABEDIN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for Leave to Appeal at the instance of the petitioner is directed against the judgment and order dated 31.08.2005 passed by the High Court Division in Civil Rule No. 524(F) of 2005 arising out of F.A.T. No.408 of 2005 making the Rule absolute.

(2.) The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury Wakf Estate, subsequently Government acquired 12 annas shares of the case fisheries under the State Acquisition and Tenancy Act, 1950; the appellant petitioner as joint Mutawalli of Dewan Aftabur Reza Wakf Estate obtained the lease in the said 12 annas shares of government portion in the year of 1973 corresponding to 1380 B.S. at a rental of Tk.3,000.00; since the 4 annas share of the Wakf Estate is not acquired, the C.A/Roll is not finally published and thereafter the said order has been extended from time to time by the Government. Thereafter cancelled the said lease by the Memo No. S.A./Char-1/95/1986 dated 05.07.1995 on the ground of non-payment of rent from 1395 B.S. to 1401 B.S. The plaintiff petitioner then filed writ petition No.1540 of 1995 challenging tie said cancellation order vide Memo No.S.A./Char-1/95/1986 dated 05.07.1995 and Memo No.S.A./Char-1/95/1973 (1) dated 02.07.1995 and the tender notification under notification Memo No.S.A1./Chaf-1/5/95/1995 (200) dated 06.07.1995 and obtained the rule along with stay and the Deputy Commissioner, Sunamgonj was directed to accept rent only for the year 1402 B.S. from the petitioner. During the pendency of the said rule the present petitioner filed Title Suit No.44 of 2000 in the Court of Subordinate Judge, 1st Court, Sunamganj for declaration that the above Memo dated 05.07.1995, 02.07.1995 and 06.07.1995 were illegal, void and not binding upon the plaintiff. The High Court Division discharged the rule by the judgment and order dated 03.11.2003; Title Suit No.44 of 2000 was also dismissed by the judgment and Decree dated 16.06.2005 passed by the Joint District Judge, 1st Court, Sunamgonj.

(3.) Thereafter the present petitioner filed F.A.T No.408 of 2005; in the meantime, government floated tender for leasing out the 12 annas government portion of Rowafata Rowa Beel for the year of 1412-1414 B.S. and the said fishery was leased out in favour of Madhya Bazar Union Fishermen Co-operative Society Limited, Dharmapasha at a consideration of Tk. 1,80,000.00. The said Society vide D.C.R. No. 33785/15 dated 17.07.2005 deposited no the lease money for the year of 1412 B.S, for that reason the present petitioner filed this injunction petition and obtained the rule.