IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 5639 of 2016

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh

And

IN THE MATTER OF:

Khondakar Khairul Alam.

- Petitioner

-versus-

The Cabinet Secretary, Cabinet Divison, Bangladesh Secretariat, Ramna, Dhaka and others.

-        Respondents.

And

Mr. Ashraf-uz- Zaman, Advocate

 ......... for the Petitioner. Mr. Md. Ashraful Alam, Advocate

…… for the Respondent No. 2

Mr. Nawroz M.R. Chowdhury, D.A.G. with Mrs. Afroza Nazneen Akther, A.A.G. with Mrs. Anna Khanom (Koli), A.A.G.

       ...... For the respondents-government.

[

Heard on 15.11.2023 & 26.11.2023. Judgment on 27.11.2023.

           Present:

Mr. Justice Md. Jahangir Hossain.

              and

Mr. Justice S M Masud Hossain Dolon

Md. Jahangir Hossain  , J:

This Writ Petition No. 5639 of 2016 has been filed under Article 102 of the Constitution of the People’s Republic of Bangladesh. Rule was issued on 17.07.2016 as “ Let a Rule Nisi be issued calling upon  the respondents to show cause as to why a direction should not be given upon the respondents to establish an Upazila/Thana at Fakirhat of Palashbar Upazila within Gaibandha

District as urgent basis according to the Nitimala-2001 and/or such

other or further order or orders passed as to this Court may seem fit

and proper.

Short facts relevant for disposal of the Rule are that, the

petitioner is  a  social  activist  of  Pobnapur  Union under  Palashbari

Upazilla within Gaibandha District is a popular place known as “ 71

Hl 10 nq£ cl Hm¡L¡”. There are Fakirhat Shahid Smrity College,

Fakirhat Women’s College, Fakirhat Boys High School, Shahid

Khaairul Alam Girls High School, Allar Dargah Dakhil Madrasha and

Many other Institutions are situated at Fakirhat and also there are

S.S.C, H.S.C and J.S.C Examinations Centre at Fakirhat. Fakirhat is a

remote area, distance from Palashbari Police Station is 15 kilometer,

from Harinabari Police Investigating Centre is 6 Kilometer, from

Gaibandha is about 25 Kilometer, from adjacent Gobindagani Police

station is 25 kilometer and other police stations are 30 to 40 kilometer

distance. In absence of a police Station the people of the area feel

insecure.

Hon’ble Home Minister vide Diary No. 3925 dated 28.09.2000

and Office of the Hon’ble Prime Minister vide Memo no. 62.22.03.00.00.01.000  (Khondo-32-1617 dated 24.09.2000 recommended to establish a Police Station at Fakirhat.

Hon’ble Home Ministry vide Memo No. üxjx b¡e¡-10/2000(f¤x- 3)706  dated 18.10.2000requested the Inspector General of police (IGP) to give opinion about the establishment of Fakirhat Thana. As

per Upazilla/Thana Nitimala-2001 of Cabinet Division of Police

Station at Fakirhat may be established with coordination of 5 Union

Parishad viz; (1) Pabnapur, (2) Manoharpur, (3) Harinathpur, (4)

Nakai and (5) Harirampur.

On 14.12.2015 Deputy Secretary issued a letter vide Memo No. 44.00.0000.096.07.001.14-838 to the Inspector General opined that

“¢hcÉj¡e e£¢aj¡m¡l B m¡ L BhnÉL ¢h h¢Qa q m H ¢ho u flha£Ñ fË u¡Se£u hÉhØq¡ NËq­Zl SeÉ ¢e­cÑnœ²­j Ae¤­l¡d Ll¡ q­m¡z” but till to date the respondent did

not take any positive step. Upazila Nirbahi Officer, Palasbari,

Gaibandha issued a letter vide Memo No. E¢eA/fm¡n/2008/792who

opined that “ 1(Q) Ae¤ µR cl BJa¡u ¢n¢bm k¡NÉ ¢q p h ¢h hQe¡ Ll¡ ®k a f¡ lz” The member of Parliament, Gaibaindha No. 4 made a recommendation regarding the matter. The petitioner sent a Notice Demanding Justice to the respondent through his engaged lawyer on 23.11.2015 but the Respondents did not take any initiative step.

The Deputy Director, Local Government, Gaibandha issued a

letter vide Memo No. 05.55.3200.070.08.099.15.147 dated 10.02.2016

thereby informing the petitioner that the proposal of the petitioner’s proposal and the actual owner of the land given an undertaking for donating the land in favour of the concerned authority if the Upazilla/Thana will be established. Upon such a direction should be

passed upon the respondents for establishing Upazilla/Thana for the

greater interest of the people’s of local area. This is not only the legitimate exception of the petitioner to establish a Upazilla/Thana according to the Upazilla/Thana Nitimala. Having no other alternative

and evickcious remedy filed this writ petition under Article 102 of the Constitution.

In support of this writ petition the petitioner submits an annexure papers which is Annexure A to J1.

Mr. Ashraf-uz-Zaman, learned Advocate for the petitioner

submits that there is no legal bar to establish the Upazilla and all relevant offices opined positively and the proposal is not contradictory

with Nitimala and as such a direction may kindly be passed to establish an Upazilla/Thana. The place known as “ 71 Hl 10 nq£ cl

Hm¡L¡”. There are Fakirhat Shahid Smrity College, Fakirhat Women’s College, Fakirhat Boys High School, Shahid Khaairul Alam  Girls

High School, Allar Dargah Dakhil Madrasha and Many other Institutions are situated at Fakirhat and also there are S.S.C, H.S.C

and J.S.C Examinations Centre at Fakirhat.

Mr. Ashraf-uz- Zaman, learned Advocate for the petitioner

further submits Fakirhat is a remote area, distance from Palashbari

Police Station is 15 kilometer, from Harinabari Police Investigating

Centre is 6 Kilometer, from Gaibandha is about 25 Kilometer, from adjacent Gobindagani Police station is 25 kilometer and other police stations are 30 to 40 kilometer distance. There are several D.O letter from the Member of Parliament to the Ministry of LGRD for establishing Upazilla/Thana spread in the application filed by the petitioner.

Mr. Ashraf-uz-Zaman, learned Advocate for the petitioner lastly prayed to make the Rule absolute and give a direction to the respondent to establish an Upazila/Thana at Fakirhat of Palashbar Upazila within Gaibandha District.

On the other hand Mr. Md. Ashraful Alam, learned Advocate filed an application for affidavit-in-opposition on behalf of the respondent no.2 i.e. Ministry of Local Govt. Rural Development & Co-operatives, Bangladesh Secretariat. Learned Counsel further submits that the petitioner filed the said application for dividing one Upazilla in area of two separate Upazilla/Thana. On considering the application the Ministry called for report an opinion from the concern authorities i.e. Upazilla Nirbahi Officer and the Deputy Commissioner. But there is no positive report upon the subject matter of the application.  

In support of the affidavit in opposition he filed the copy of the report and opinion and other papers which are annexure 1,2 and 3 series it revails the Cabinet Division of the Government of the People’s Republic of Bangladesh issued a circular vide Memo No.¢eL¡l/1 (3) /2004/185 (250) dated 24.10.2004 enumerating the Guidelines for establishment of New Upazillas in the country. It appears as per new guidelines for the new establishment of a new Upazilla the proposed Upazilla must consist of seven Unions and a Paurashava and if there is no Pourashava in the proposed Upazilla,there should be contain 8(eight) Union. And the proposed Upazilla must have an areas of 300 (three hundred) square kilometers and population of 2,00,000/- (two lac) to 2,50,000/- (two lac fifty thousand). For the establishment of new Thana or Police Station the

proposed Police Station must fulfill the above cited criteria as per the

said Guidelines, except the criteria of area. The proposed Fakirhat

Upazilla did not fill up with the new Guidelines of the Government.

We have elaborately examine annexure-2 which is filed by the

respondent which is named as f¢lfœ dated 24 October 2004. The

subject stated in the f¢lfœ  i.e. the circular ea¥e Ef Sm¡, b¡e¡ Hhw ac¿¹

®L¾cÐ Øq¡f el pw n¡¢da e£¢aj¡m¡ fËpw Nz where it is stated that (1) †`‡k bZyb

Dc‡Rjv ¯’vc‡bi Rb¨ wb¤¥wjwLZ kZv©ejx cyiY Kwi‡Z nB‡e|

11.      cÖ¯ZvweZ Dc‡Rjv GjvKvi †fŠMwjK Ae¯’vb, cÖvK…wZK cÖwZeÜKZv,

AeKvVv‡gvMZ Amyweav, AbybœZ †hvMv‡hvM e¨e¯’v, ¯^v¯’¨ †mev, wk¶vi cÖmv‡ii AbMÖmiZv

BZ¨vw` Kvi‡Y H GjvKvi RbMY Pig †fvMvwšZi wkKvi nB‡Z‡Q wKbv bZyb Dc‡Rjv m„wói

cÖ¯Zv‡e †mB m¤ú‡K© we¯ZvwiZ e¨vL¨v _vwK‡Z nB‡e;

12.    cÖ¯ZvweZ Dc‡Rjv m„wó Kivi wcQ‡b †Kvb cÖKvi AvBbMZ, †UKwbK¨vj ev

cÖkvmwbK eva¨evaKZv Av‡Q wKbv †m wel‡q wbwðZ nB‡Z nB‡e;

13.          BDwbqb msL¨v: †cŠimfv _vwK‡j b~b¨Zg 7 wU BDwbqb I †cŠimfv bv _vwK‡j

by¨bZg 8wU BDwbqb nB‡e;

14.    bZyb Dc‡Rjvi Rb¨ RbmsL¨v b~¨bZg (cÖ‡hvR¨ †¶‡Î mswkj ó †cŠimfvi

RbmsL¨vmn 2,00,000-2,50,000(`yB j¶ nB‡Z AvovB j¶) Gi g‡a¨ nB‡Z nB‡e;

15. AvqZb b~¨bZg 300 eM©wK‡jvwgUvi nB‡Z nB‡e|

Further it appears from the annexure-3 upon the subject “N¡Ch¡å¡

®Sm¡l f¡m¡nh¡s£ Ef­Sm¡­L ¢hiš² L®l g¢lLq¡V e¡jL ea¥e HL¢V Ef­Sm¡ NWez

This letter has been issued by the Local Government Division, LGRD

Ministry with the Deputy Commissioner Gaibandha to send a clear

report to the Ministry. Thereafter the Deputy Commissioner on

05.02.2014 send a report upon the direction of the Ministry stating the

subject “N¡Ch¡å¡ ®Sm¡l f¡m¡nh¡s£ Ef Sm¡ L ¢hiš² L ®l g¢lLq¡V e¡jL ea¥e HL¢V

Ef Sm¡ NWez

p§œx (L) Øq¡e£u plL¡l ¢hi¡­Nl 06 A­ƒ¡hl, 2013 a¡¢l­Ml

46.046.015.00.00.008.2009.1119 pȡlLz

(M)  Ef Sm¡ ¢heÑ¡q£ A¢gp¡l, fm¡nh¡s£l 08/01/2014 a¡¢l Ml 05.55.3267.002.00.001.14-14

Efk¤Ñš² ¢ho­u p§­œ¡Øq (L) ew Øj¡l­Ll f¢l­fÊ¢r­a S¡e¡­e¡ k¡­µR ®k, N¡Ch¡å¡ ®Sm¡l fm¡nh¡s£ Ef­nm¡­L ¢hiš² L­l g¢lLq¡V e¡jL ea¥e HL¢V Ef­Sm¡ New pwœ²¡¿¹ üuw pÇf§ZÑ fËÙ¹¡h ®fËl Zl SeÉ Ae¤ l¡d Ll¡ quz av fË¢r a Ef Sm¡ ¢ehÑ¡q£ A¢gp¡l, fm¡nh¡s£l j¡dÉ j (M) ew p§ œ fËÙ¹¡h¢V f¡Ju¡ k¡uz j¢¿»f¢loc ¢hi¡­Nl 05/02/2003

a¡¢l Ml jf¢h/¢eL¡l/1(6)/2002/13 ew f¢lfœ ®j¡a¡­hL ea¥e Ef­Sm¡ NW­el ­r­œ

e§eÉaj  8¢V  CE¢eu el fË u¡Sez ®p­r­œ fËÙ¹¡h¢V CE¢eu­el pwMÉ¡  5¢Vz SepwMÉ¡l

f¢lj¡Z 2,00,000-2,50,000 (c¤C mrÉ ®b L Bs¡C mr) Hl Øq m 1,25,006 (HL

mr fy¢Qn q¡S¡l Ru) Se Hhw Buae 300 hNÑ ¢L m¡¢jV¡ ll Øq m 103.88 hNÑ ¢L­m¡¢jV¡lz Eš² fËÙ¹¡h¢V e£¢aj¡m¡l p¡­b pwN¢af§ZÑ euz

2z Hja¡hØq¡u, fË¡ç fËÙ¹¡h¢V j q¡c ul pcu AhN¢a J flha£Ñ fË u¡Se£u hÉhØq¡

NËq Zl SeÉ Hp¡ b ®fËlZ Ll¡ q m¡z

One our elaborate examination of the documents and the

submissions placed by the both the learned Advocates, it transpires

that the petitioners filed the documents annexure with the record is

manner of proposal and the prayer and other are recommendation and

the report of the different persons. We do not find any established

Rule and Law in the favour of the applicant. The establishment of new

Upazilla/Thana these  all  are the policy  matter of  the  Government

which will be based upon the Law and Rules of the Ministry/Government. Further it appears the petitioner filed the

application and demand notice as a person of the local area and social

activist. The last two hearing date we do not find the petitioner or any

other at the hearing. However on perusal of the record and the

annexure documents it transpires that the said Memo categorically

mentioned that the proposed Fakirhat Upazilla did not fulfill the

criteria to the Upazilla as per Guidelines framed by the Cabinet

Division. The report submits by the Upazilla Nirbahi Officer,

Palashbari and the report submitted by the Deputy Commissioner,

Gaibndha who by his letter vide Memo No. 05.55.3200.040.24.008.13-53 dated 02.02.2014 forwarded to the

Local Government Division, LGRD Ministry. Where it is informed

that the proposed Fakirhat Upazilla do not fulfill to be as selected as a

Upazilla.  

Upon such observation we do not find any considerable grounds setforth in this writ petition. Upon such fact and circumstances and the observation made over we are of the view that there is no merit in this Rule.

We do not find any reason to pass a direction upon this writ petition.

Hence the Rule is discharged.

Communicate the judgment and order at once.

S M Masud Hossain Dolon, J:

I agree.

Md. Majibur Rahman. Bench Officer.