KAZI ABDUL HOQUE Vs. MD. BAHARUDDIN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order 21-05-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute.

(2.) The petitioner's case, in brief, is that the petitioner took active part in the liberation war in 1971 and Mr. M.A.G. Osmani, Commander-in-Chief, presented a certificate to the petitioner as a freedom fighter. Another freedom fighter certificate has also been issued by the Ministry of Liberation War Affairs. The respondent No. 2, Chittagong Development Authority (CDA) floated a notice to sell some residential plots at the Chandgaon Residential Project (2nd phase) and the same was published on 01-09-2000 in the Daily Azadi, inviting applications from the interested persons for the allotment of residential plots. The petitioner made an application on 16.09.2000 with a deposit of Tk.1,50,000/- as security money through Social Investment Bank Ltd. Agrabadh Branch, Chittagong. As per Rule 7(2) of the Chittagong Development Authority Residential Plots Allotment Rules (hereinafter called as the Rules), after scrutiny the application of the petitioner was accepted by the respondent Nos. 2 and 3 and as per Rule 8(1), the list of the allotments were placed before the 329th General Meeting of the Board dated 29-10-2003 and the Preliminary list of the allottees was approved by the Authority and the same was published in the Daily Azadi on 30-10-2003.

(3.) The name of the petitioner was published in the said list in serial No.5. The proceedings of the 329th General Meeting were approved in the 330th General Meeting of the Board on 20-11-2003. The Authority in their 331st Meeting dated 02-12-2003 finalized the Preliminary list as per Rule 8 (5) and 8 (6) and in pursuant to the decision dated 02-12-2003 the respondent No.2 issued allotment letters in favour of the different allottees on 2nd, 3rd and 4th December, 2003 but no allotment letter was issued in favour of the petitioner. The Secretary of the Plot Allotment Committee respondent No.6 issued a notice on 24-12-2003 to the petitioner intimating that one Kazi Abdul Haque and Md. Kamor Uddin have raised objection against the allotment of the petitioner alleging that the certificate of the petitioner as freedom fighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the circular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong City Town in the name of petitioner's brother Mr. Giasuddin are the joint property of the petitioner and his brother. The petitioner on 30-12-2003 submitted his reply against the complaint dated 24-12-2003 stating that he took active part in the Liberation War in 1971 and as a freedom fighter, he collected his certificate from the Commander-in-Chief, Mr. M.A.G. Osmani and that he has collected another certificate dated 28-12-2003 issued by the Ministry of Liberation War Affairs and submitted the same to the Plot Allotment Committee on 30-12-2003.