PUBLIC INTEREST LITIGATION (PIL)

Md. Younusur Rahman

1) Government of Bangladesh, represented by the Secretary Ministry of Hill Tracts Affairs, Bangladesh Secretariat, Ramna, Dhaka.

2) The Secretary, Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka.

3) The Deputy Commissioner, Khagrachari, Collectorate Building, khagrachari.

4) Upazila Nirbahi Officer, Dighinala, Khagrachari.

The petitioner filed the writ petition before the Honourable Court seeking direction to be given upon the respondents not to evict the petitioner and 105 Bengali settler families under his leadership from the lands settled in favour of them by the Government and to ensure their peaceful possession in the land situated at Mouza No. 52, Pablakhali, under Dighinala Police Station of khagrachari Hill District.

A Rule Nisi issued calling upon the respondents to show cause as to why the actions of the respondent no. 4 against the petitioner and 105 settler Bangladeshi families under his leadership towards evicting them from their present possession in no. 52, Pablakhali Mouza of Dighinala Upazila of Khagrachari District should not be declared to be illegal and without lawful authority and is of no legal effect and why the respondents be directed not to evict the petitioner and 105 settler families under his leadership from the land settled in favour of them and to ensure their peaceful possession in the land situated at Mouza no. 52, Pablakhali under Dighinala P.S. of Khagrachari District and/or such other or further order or orders passed as to this court may seem fit and proper.

Pending hearing of the rule the parties are directed to maintain status quo for a period of 03 (three) months from this date. 

The rule is made returnable within 4(four) weeks from this date.

Requisites to be put in for service of notices upon the respondents in usual course and through registered post.

Ms.Justice Nazmun Ara Sultana

Mr. Justice Md. Rezaul Haque

The order of statusquo passed earlier by the court be extended till disposal of the Rule.

Mr. Justice Md. Miftah Uddin Chowdhury
Mr. Justice Quazi Reza-Ul Hoque

The legal notice was send  to (1) Deputy Commissioner, Khagrachari (2) Upazila Nirbahi Officer, Dighinala, khagrachari (3) Officer-in-Charge, Dighinala Police Station, Khagrachari on behalf of the petitioner for requested them to comply with the order passed by the Hon’ble High Court Division in writ peition no. 9529 of 2008 and not to obstruct the petitioner and 105 settler families under his leadership from enjoying peaceful possession the lands situated at Mouza No. 52, Pablakhali, under Dighinala Police Station of Khagrachari District in any manner.

The petitioner filed the Contempt Petition No. 309 of 2011 under Article 108 of the Constitution of the People’s Republic of Bangladesh against the Official-in-Charge, Dighinala Police Station, Khagrachari in the High Court Division for the contemner’s willful and deliberate violation of the Hon’ble High Court’s order dated 03.12.08 passed by the Ms. Justice Nazmun Ara Sultana and Mr. Justice Md. Rezaul Haque and order dated 09.11.2010 passed by Mr. Justice Md. Miftah Uddin Chowdhury and Mr. Justice Quazi Reza-Ul-Hoque in writ petition no. 9529 of 2008 granting status quo to the petitioner in respect of land located at 52, Pablakhali Mouza under Police Station- Dighinala, District- Khagrachari.

The application for addition of party was filed on behalf of the petitioner for added (1) Amor Kanti Chakma as respondent no.5 and (2) Milon Kanti Chakma as respondent no. 6. 

The added party application is allowed.

The petitioner is directed to serve copy of the writ petition upon the added respondents.

Office is directed to make necessary correction in the case title of writ petition.  

Mr. Justice M. Moazzam Husain

Mr. Justice Md. Habibul Gani