BANGLADESH AND OTH­ERS Vs. JAHANGIR ALAM

JUDGEMENT

(1.) This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated 26.5.97 passed by a Division Bench of the High Court Division disposing of P.M.A. No. 71 of 1997 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraining the defendants from accepting tender for leasing out the suit fisheries and or settling the same with any bidder pending disposal of the suit.

(2.) Plaintiff respondent No. 1 instituted the suit for declaration simpliciter that the tender notice dated 22.2.97 issued under the signature of the Deputy Commissioner, Netrakona in respect of Khaliajuri Group of Fisheries, mentioned in item Nos. 42 to 55 of the said notice is illegal, void etc.

(3.) His case in short is that, there are 16 beels in the said group fisheries of which 14 beels comprising of the suit fisheries are situated within Netraka District and the rest two namely, Beki beel and Feni beel are situated within Kionshorgonj District. He got lease of all those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great loss. In the circumstances, he prayed for lease of the said fisheries for another 3 years from 1404-1406 B.S. But the relevant authority allowed his prayer only with respect to Beki beel and Feni beel situated within Kishorgonj District. He filed a review application in the concerned Ministry. But while his review petition had been under the process of being considered by the concerned authorities, the Deputy Commissioner, Netrakona most illegally invited the impugned tender.