MD. HABIBUR RAHMAN ISLAM Vs. SECRETARY, MINISTRY OF LGRD

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 21.6.2005 of the High Court Division passed in Writ Petition No.4504 of 2003 discharging the Rule obtained challenging the declaration as contained in S.R.O No. 137 Ain/2003 dated 26.5.2003 Annexure-D to the writ petition issued by the respondent No.1 bringing the rural areas of Palashbari Union Parishad including other five mouzas under urban area.

(2.) The petitioner filed the above writ petition stating that he is the Chairman of No.3 Palashbari Union Parishad and about 70% of the population of the above Union belonged to agriculturist group as will be evident from the certificates issued by the Upazilla Statistics Officer, Palashbari, Gaibandha and the Upazilla Krishi Officer, Palashbari, Gaibandha, Annexures-G and I to the writ petition, and as such the above declaration dated 26.5.2003 bringing the rural areas of Palashbari Union Parishad under urban area is violative of section 3(2) of the Pourashava Ordinance 1977. The Government opposed the Rule by filing affidavit-in-opposition denying the claim of the writ petitioner. During hearing before the High Court Division the learned Attorney General submitted that in column with the heading " [xxx xxx xxx] of Annexure-H, by mistake 70% of the population was shown as [xxx xxx xxx] and the correct word will be [xxx xxx xxx] and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the case of Khalilur Rahman (Md) vs. Govt. of Bangladesh & others, 25 MLR (AD) 80.

(3.) The High Court Division, after hearing, discharged the Rule holding that the writ petition is not maintainable.