IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 7106 OF 2022

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh

And

IN THE MATTER OF:

Jonoseba Matshajibi Samabay Samity Ltd.

- Petitioner

-vs-

Government of Bangladesh and others.

- Respondents.

And

Mrs. Nigar Sultana, Advocate

......... For the Petitioner.

Mr. Samarendra Nath Biswas, D.A.G with Mr. Md. Abul Kalam Khan Daud, A.A.G. with Mr. Md. Modersher Ali Khan (Dipu), A.A.G and

........ For the Respondent-government.

Heard on 18.01.2024 and Judgment on 28.01.2024

Present:

Mrs. Justice Farah Mahbub.

and

Mr. Justice Muhammad Mahbub Ul Islam

Farah Mahbub, J:

In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the inaction of the respondents towards disposal of the petitioner’s representation dated 15.02.2022 to extend the lease period in respect of the “jalmohal” namely “Gangina Khatia Group” situated within Upazilla-Sadar, District-Sylhet for the year

1431 B.S. by adjusting the lease money paid for 1426 B.S on compensatory grounds should not declared to have been done without lawful authority and hence, of no legal effect and also, as to why a direction should not be given upon the respondents to extend the lease period of the petitioner in respect of the said “jalmohal” by adjusting the lease money paid for 1426 B.S. on compensatory grounds.

At the time of issuance of the Rule the respective contending parties were directed to maintain status-quo over the possession and position of the case property for a prescribed period with further direction upon the respondent No. 1 to dispose of the petitioner’s representation dated 15.02.2022 (Annexure-O) within a prescribed period in due compliance of law.

Challenging the interim direction of status quo the added respondent No. 8 moved the Hon’ble Appellate Division by filing C.P.L.A No. 831 of 2023. However, upon hearing the parties vide order dated 24.07.2023 the Appellate Division directed the respective contending parties to maintain status quo in respect of the possession and position of the fisheries in question till disposal of the Rule with further direction upon this Bench to hear and dispose of the Rule on merit.

Facts, in brief, are that the petitioner Samity has been registered on 14.08.2016 bearing registration No. SY1-02/16-17 under Samabay Samity Ain, 2001 (as amended in 2002) [(Annexure-A- A(3) respectively]. However, all the respective members of the said Samity are genuine fishermen being certified by the Senior Fishery Officer, Sylhet Sadar, Sylhet (Annexure-B2).

On 10.11.2016, the petitioner Samity filed an application to the Secretary, Ministry of Land, respondent No. 1 for getting lease of Gangina Khata Group fishery (in short, the fishery) under development scheme for the year 1424-1429 B.S (Annexure-C). Pursuant thereto the Deputy Secretary, Ministry of Land vide Memo No. 31.00.0000.5.68.047.16-27 dated 12.01.2017 called for report from the District Fishery Managing Committee, Sylhet in respect of the respective fisheries including the fishery in question. In response thereof said Committee, in its meeting dated 11.05.2017 gave recommen