FAZLUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts are involved.

(2.) The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure A issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava has been curtailed unlawfully from the Nikah Registry area of the petitioner contrary to the provision of law and rules as the petitioner has been permanently appointed as the Nikah Registrar, for No. 2 Sankipara, No. 8 Akna Unions on 13-6-75 and for No.1 Kachijhuli, No.4 Nutanbazar and No.5 Amlapara Union of Mymensingh Pourashava. The Rule has been contested by filing affidavit-in-opposition by respondent No. 1 who denied all the allegations in the rule application stating, inter alia that the area has been lawfully curtailed as the respondent has authority under section 4 of the Muslim Marriages & Divorces (Registration) Act 1974 to extend, curtail or otherwise alter the limitation of any area for which a Nikah Registrar has been licensed by the Government. The petitioner presently is the Nikah Registrar of Ward Nos.1, 2 & 3 of Mymensingh Pourashava in accordance with the requirement of the laws and the rules.

(3.) The respondent No.4 filed affidavit-in- opposition denying the allegations in the Rule application and asserted that the curtailment was lawfully done and respondent No. 4 was legally appointed Nikah registrar for the curtailed area.