Present:

Mr. Justice Md. Kamrul Hossain Mollah

Civil Revision No. 1756 of 2013

IN THE MATTER OF:

An application under Section 115(1) of the Code of Civil Procedure

- AND -

IN THE MATTER OF:

Beer Kumar Chakma and another

..... Plaintiff-Petitioners -Versus -

Meteorologist and Project Director and others

..... Defendant-Opposite Parties

Mr. Rashedul Haque, Advocate

..... For the Petitioners Mr. Cumar Debul Dey, Advocate

..... For the opposite party No. 6

Heard on 01.08.2023, 09.08.2023, 27.08.2023 and Judgment on 30.08.2023

Md. Kamrul Hossain Mollah, J:

On an application by the petitioner, under Section 115(1) of the Code

of Civil Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 02.05.2013 passed by the learned District Judge, Khagrachari Hill District in Civil Appeal No. 09 of 2012 reversing the judgment and order dated 29.11.2011 passed by the learned Joint District Judge, Khagrachari Hill District in Civil Suit No. 230 of 2010 should not be set-aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule this Court stayed the operation of the judgment and order dated 02.05.2013 passed by the learned District Judge, Khagrachari Hill District in Civil Appeal No. 09 of 2012 for a period of 01 (one) year from date.

Facts necessary for disposal of the Rule, in short, are that the suit land is belonging to the plaintiff. They have been possessing from long time. The defendant has no right, title and interest over the suit land. The defendant No.2 the Deputy Commissioner, Khagrachari decided to established the office of Meteorological observation centre on the suit land and issued notice on 12.08.2010 to the plaintiff for requisition the suit land, but the defendant did not specified the land, that from which holding and how many land will be acquire, so the defendant is not entitled to acquired the schedule land and hence the Case.

On the other hand, the defendants No.1-5 contested the suit by filing a written statement denying the material allegation of the plaint and contended inter-alia that the plaintiff has no cause of action to file this suit. The schedule land measuring 2.50 acres is under the Meteorological department of Bangladesh government. The land measuring 2.50acres acquired by the Government under the L.A. Case No.02/(D)/2010 and the defendant have been possessing the land. The defendant has not taken any proceeding to entered into the land measuring 6.00 acres. The defendant acquired 2.50 acres of land and they assessed the compensation, so the plaintiff has no cause of action to file the suit for permanent injunction against the defendants. The defendant before acquired the land issued notice in favour of plaintiff No.2 and Pro-forma defendant No.1 and they have no objection for acquiring the land. So, the defendant acquired the land by assessing compensation. The tenants are entitled to get compensation. So, the plaintiff is not entitled to file this suit and that the suit is beyond the jurisdiction of the Court. The suit is liable to be dismissed.

The learned Joint District Judge, Khagrachari Hill District before enlisted the suit in preemptory hearing decreed the suit infavour of the plaintiff vide his judgment and order dated 29.11.2011.

Being aggrieved by and dissatisfied with the judgment and order dated 29.11.2011 passed by the learned Joint District Judge, Khagrachari Hill District in Civil Suit No. 230 of 2010 the defendant-opposite parties preferred the Civil Appeal No.09 of 2012 before the learned District Judge, Khagrachari Hill District. After hearing both the parties and considering the materials on record the learned District Judge, Khagrachari Hill District allowed the Civil appeal No.09 of 2012 and reversed the judgment and order dated 29.11.2011 passed by the learned Joint District Judge, Khagrachari Hill District in Civil Suit No. 230 of 201