MD. MATIUR RAHMAN Vs. MD. SHAH ALAM

JUDGEMENT

(1.) This petition for Leave to Appeal at the instant of the petitioner is directed against the judgment and order dated 14.03.2006 passed by the High Court Division in Writ petition No. 5668 of 2005 keeping the application for vacating the order of status-quo with the record.

(2.) The respondent No.1 as writ petitioner filed a writ petition challenging Memo No. 327/2 dated 06.04.2005 issued by the respondent No.2 canceling lease of the petitioner and order contained in Memo No. 329/1 dated 11.04.2005 granting lease in favour of the respondent. The High Court Division after hearing the writ-petitioner issued rule and granted statue-quo; that the case of the writ-petitioner-respondent No.1, in short, is that he obtained lease of a Pathor Mohal on 17.04.2004 vide Memo No. 236/1 for collecting tolls in the name of the Union Parishad for a period of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given delivery of possession vide Memo No. 237/2 dated 17.04.2004; that after the lease he duly paid lease money for 1411 and 1412 B.S.; that during the subsistence of his lease the respondent No.2 without assigning any reason and without any prior notice vide Memo No. 327/2 dated 06.04.2005 cancelled the lease of the writ petitioner and vide Memo No. 329/1 dated 11.04.2005 granted lease in favour of the respondent No.3 petitioner and hence the writ petition.

(3.) The rule was contested by the respondent No.3- petitioner and respondent No.2 by filling power. Thereafter the present petitioner and respondent and respondent No.2 jointly filed application for vacating the order of status-quo. The case of the petitioner in short is that no lease was granted in favour of the writ petitioner in respect of case Pathor Mohal. There is no official record produced that a lease has been granted in favour of the writ-petitioner; that the document which the writ-petitioner annexed in support of his lease are all false and manufactured documents and created for the purpose of filling of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo order the respondent No.1 herein constantly creating disturbance for the petitioner in collecting tolls as per the lease agreement. Hence the order of status-quo passed by this court is liable to be vacated.