MD. ABDUL MOTALEB SARKER Vs. MD. LASKAR ALI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 12.03.2006 passed by the High Court Division in Civil Revision No. 2832 of 1997 making the Rule absolute and thereby setting aside the judgment and decree dated 11.06.1997 passed by the learned Additional District Judge, 1st Court, Naogaon in Title Appeal No. 292 of 1993 passed by the learned Subordinate Judge, 2nd Court, Naogaon in Other Suit No.115 of 1991 dismissing the suit.

(2.) The facts, in short, are that the present petitioner and others as plaintiffs instituted Other class Suit No.115 of 1991 impleading the present respondent Nos.1-8 as defendants in the 2nd Court of the then Subordinate Judge, 2nd Court, Naogaon for a declaration that the order dated 10.04.1986 passed by the Government purporting to shift the office of Shihara Union Parishad from it's present site under Amanta Mouza to a new site under Custobai Mouza was illegal, void and inoperative. The said suit was instituted in a representative capacity under order 1, Rule 8 of the Code of Civil Procedure on behalf of the people of Shihara Union Parishad.

(3.) The case of the plaintiffs, in short, was that the office of the Shihara Union Parishad was established at Amanta Mouza in the year 1972 and the purported shifting of its office to its new site at Custobai Mouza runs counter to the interest of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouza is best suited for the local people. Regard being had to the convenience of the people, the purported shifting of the office of the Union Parishad to Custobai Mouza at its new site has violated the rights of the people of the locality. Hence the suit.