Mohammadpur Girls School Vs. Chairman, National Housing Authority, VI ADC (2009) 84

Case No: Civil Petition for Leave to Appeal No. 547 of 2006

Judge: Syed JR Mudassir Husain ,

Court: Appellate Division ,,

Advocate: Mr. Khandaker Mahbuhuddin Ahmed,Mr. Abdul Wadud Bhuiyan,,

Citation: VI ADC (2009) 84

Case Year: 2009

Appellant: Mohammadpur Girls School

Respondent: Chairman, National Housing Authority

Delivery Date: 2006-6-29


Supreme Court
Appellate Division
(Civil)
 
Present:
Syed J. R Mudassir Husain, CJ.
M.M. Ruhul Amin, J.
Amirul Kabir Chowdhury, J.
 
The Managing Committee of Mohammadpur Girls School and another
……….………Petitioners
Vs.
Chairman, National Housing Authority, Segunbagicha, Dhaka and others
………..….......Respondents
 
Judgment
June 29, 2006.
 
Having regard to the facts and circumstances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated the order of stay. In the aforesaid premises, we are fully in agreement with the findings and decisions of the High Court Division. So, we find no cogent ground to interfere in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. … (5)
 
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For the Petitioners.
Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1-5.
Not repre­sented-Respondent Nos. 6-9.
 
Civil Petition for Leave to Appeal No. 547 of 2006.
(From the judgment and order dated 21-03-2006 passed by the High Court Division in Writ Petition No. 4061 of 2004)
 
JUDGMENT
Syed J. R Mudassir Husain CJ.
 
The petitioners in Writ Petition No. 4061 of 2004 challenged the impugned allotment letter vide Memo No. A.L.-139/94/7039/Koshe dated 13-06-1995 issued by the respondent No.3 in favour of writ-respondent No. 5 whereupon a Rule was issued and pending hearing of the Rule, operation of the impugned order contained in Annexure-E under the above memo relating to the petitioners was stayed for a period of 3 (three) months.
 
2. The writ-respondent No.5, Governing body represented by the Chairman, Mohammadpur Mahila College having entered appearance in the Rule prayed for vacating the order of stay.
 
3. Upon hearing the parties, the learned Judges of the High Court Division vacated the order of stay vide order dated 21-03-2006 passed in above writ petition.
 
4. We have heard the learned lawyers of both sides at length and perused the impugned order of the High Court Division and relevant papers. It is submit­ted that the construction work of Mohammadpur Mohila College has been stopped as a result of the order of the High Court Division dated 24-07-2004 and in consideration of the facts and circum­stances, the High Court Division vacated the order dated 24-07-2004 by the impugned order.
 
5. Having regard to the facts and circum­stances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated the order of stay. In the aforesaid premises, we are fully in agreement with the find­ings and decisions of the High Court Division. So, we find no cogent ground to interfere in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly.
 
Ed.