IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)
Writ Petition No. 1009 of 2020. In the matter of:
An application under article 102 (2) of the Constitution of the People’s Republic of Bangladesh.
-And- In the matter of: Afsar Uddin.
...... Petitioner.
-Versus-
Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Shipping and others.
Mr. Ferdous Ala Alpha, Advocate
. . . For the petitioner.
Mr. Md. Sagir Hossain, Advocate
. . . For the respondent No.7.
Present:
Mr. Justice J. B. M. Hassan and
Mr. Justice Razik Al Jalil
Heard and Judgment on 29.01.02024.
J. B. M. Hassan, J.
The petitioner obtained the Rule Nisi in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the memo No. 18.11.0000.123.99.197.18/1951 dated 12.12.2019 issued under the signature of the respondent No. 4 granting route permit in favour of respondent No.6 and 7 to operate two vessels MV. Imperial (M-18140) and MV. Shampa (M-6014) between Mozuchowdhury Hat-Ilisha waterways and thereby allocating time schedule to operate the vessels 15 minutes before the departure time of MV. Swarnadip-4 (M-5259) and 12 minutes before the departure time MV Janata (M-15086) from Ilisha ghat (Annexure-E) and subsequent timetable approvals by respondent No.5 pursuant to memo dated 12.12.2019 (Annexure-E) should not be declared to have been done without any lawful authority and is of
1
no legal effect and why the respondent Nos.1-5 should not be directed not to approve and allocate time schedule in favour of any other vessels to be operated within 30 minutes before the departure time of MV. Swarnadip-4 (M-5259) and MV Janata (M-15086) and/or pass such other or further order or orders as to this Court may seem fit and proper.”
In the route Mozuchowdhury Hat to Ilisha under Bhola District, the
petitioner operate his two vessels, namely, MV. Swarnadip-4 (M-5259) and MV Janata (M-15086) within Meghna river. Due to changing of time schedule given to the petitioner and thereby allocating said time schedule in favour of two other vessels, namely, MV. Imperial (M-18140), and MV. Shampa (M-6014) the petitioner filed this writ petition.
The vessel MV Imperial belongs to M/s. Mohona Shipping Lines (respondent No. 6) and the Vessel MV Shampa belongs to M/s. Nurjahan Shipping Lines (respondent No.7). At the time of issuance of the Rule Nisi, this Court passed an interim order staying operation of the impugned memo allocating time schedule to the aforementioned vessels, namely, MV Imperial and MV Shampa. Against the said order the respondents No. 6 and 7 filed Civil Petition for Leave to Appeal (CPLA) No. 430 of 2020 wherein the Hon’ble Judge in Chamber passed an order of status-quo in respect of time schedule of the vessels and also directed the Bangladesh Inland Water Transport Authority (BIWTA) to issue time schedule afresh following the Rules.
Pursuant to the said order, the respondent-BIWTA issued the memo dated 09.03.2020 allocating new time schedule to the respondents No. 6 and 7 and accordingly they have been continuing till now. In the meantime, the CPLA No. 430 of 2020 was heard by the full Bench and by order dated 15.10.2020 the Appellate Division extended the tenure of order of the Hon’ble Judge in Chamber till disposal of the Rule and also directed this Bench to dispose of the Rule Nisi.
Mr. Md. Sagir Hossain, learned Advocate for the respondents
No. 6 and 7 submits that the petitioner is not the owner of the vessels. He is
just operating the vessels on contract with rent and as such, he has no locus-
standi to file this writ petition. He further submits that the Rule Nisi has
become infructuous inasmuch as in the meantime the duration for the time schedule has already been expired. Finally both the parties jointly submit
that as per Rules, a new time schedule may be set up in accordance with law.
We have gone through the writ petition and other materials on
records.
Rules 16, 17 and 18 of the h¡wm¡ cn AiÉ¿¹l£e ®e±f¢lhqe (®e±l¦V f¡l¢jV, pjup§¢V J i¡s¡ ¢edÑ¡le) ¢h¢dj¡m¡, 2019 (the Rules, 2019) incorporate the following provisions:
“16z pjup§¢Ql SeÉ B hcez (1) LaѪfr, ¢ejÀh¢ZÑa abÉ EõMf§hÑL ¢h‘¢ç à¡l¡, k¡a£h¡q£ ®e±k¡ el pjup¤¢Q Ae¤ j¡c el SeÉ, hvp l 2(c¤C) h¡l, ®e±k¡ el j¡¢mLN Zl ¢eLV qCa Bhcefœ Bqh¡e L¢lh, kb¡x-
(2) Ef-¢h¢d (1) Hl cg¡ (M) ®a ¢edÑ¡¢la a¡¢lM J pjul jdÉ ®L¡e¡ Bhcefœ c¡¢Mm e¡ L¢lm LaѪfr Eš² Bhcefœ NËqe h¡ ¢hhQe¡ L¢lh e¡z
17z pjup§¢Ql B hcez- e¡~k¡ el j¡¢mL L pjup§¢Ql SeÉ “ag¢pm-1” Hl
“glj -P” ®a E õ¢Ma abÉ J L¡NS¡¢a Hhw ¢h¢d 36 H E õ¢Ma ¢gppq LaѪf rl ¢eLV
B hce L¢l a qC hz
18z pjup¤¢Ql Ae¤ j¡ce, CaÉ¡¢cz-(1) ¢h¢d 17 Hl Ad£e Bhcefœ fÊ¡¢çl fl
LaѪfr Bhcefœ Eõ¢Ma abÉ J L¡NS¡¢c k¡Q¡C h¡R¡C L¢lhz
(L) HC j jÑ p¿ºø qe ®k, B hceL¡l£ L AdÉ¡ cn J HC ¢h¢dj¡m¡ Ae¤k¡u£ pjup¤¢Ql Aej¡ce f¡Ch¡l ®k¡NÉ, a¡q¡ qCm 30(¢œn) ¢cel jdÉ “ag¢pm-1” Hl “glj -P” Aep¡ l pjup§¢Q Ae¤ j¡ce L¢l h; Abh¡ (M) j e L le ®k, B hceL¡l£ AdÉ¡ cn J HC ¢h¢dj¡m¡ Ae¤k¡u£ pjup§¢Ql Ae¤ j¡ce f¡Ch¡l ®k¡NÉ e qe, a¡q¡ qC m B hceL¡l£l B hce Aee¤ j¡ce
L¢lu¡ 15 (f el) ¢c el j dÉ Eq¡ B hceL¡l£ L Ah¢qa L¢l hz
It is on record that in the meantime the duration given by the
impugned time schedule has already been expired. On the other hand, the Rules, 2019 provide that the authority shall introduce fresh time table in a year. The Hon’ble Judge in Chamber also directed the respondents to issue fresh time schedule as per Rules.
Considering all aspects, we are inclined to direct the respondents BIWTA to issue afresh time schedule amongst the vessel operators in accordance with Rules 16-18 of the Rules, 2019 in the marine route
Mozuchowdhury Hat to Ilisha under Meghna river within the Bhola District within 02(two) months from the date of receipt of this order.
With this direction the Rule Nisi is disposed of.
Communicate a copy of this judgment and order to the respondents at
once.
Razik Al Jalil, J I agree.