Case Details

Citation(s)
1963 SLG 3635 = 1963 SLD 3635 = 1963 PLD 741
Dacca High Court
Writ Petition No. 147 of 1961, decided on 5th February, 1962.
Presented By: Murshed and Siddiky, JJ
S. R. Pal and Md. A. Aziz for Petitioner.   Maksumul Hakim, Advocate-General and K. M. Subhan for
Respondents.

DACCA NATIONAL MEDICAL INSTITUTE----Petitioner  

VERSUS

  PROVINCE OF EAST PAKISTAN AND OTHERS   Respondents  

Law:

Section:

  Writ----Mandamus - "Demand for justice"-Petitioner normally not entitled to obtain writ if he fails -to disclose demand for justice and its refusal, except where such demand is futile Constitution of Pakistan (1962), Art. 98.   Commissioner of Local Government Lands and Settlement v. Abdul Hussein Kadderbhai A I R 1931 P C 132 ref.   Writ-Mandamus-Point not raised in petition-Cannot be allowed at hearing-Constitution of Pakistan (1962), Art. 98.   Bhikaji Narain Dhakras and others v. State of Madhya Pradesh and another A I R 1955 S C 781; Tropical Insurance Co. Ltd. and others v. Union of India and another A I R 1955 S C 789 ref.   Writ----Case resting on mere technicality having no relation to equity and justice-Court would not exercise discretion in favour of petitioner Constitution of Pakistan (1962), Art. 98.   Nawab Sir K. G. M. Farooqui Kt. v. The Province of East Bengal and another (1957) 9 D L R 174 rel. JUDGMENT   MURSHED, J.-The petitioner, the Dacca National Medical In stitute and Hospital, a body corporate, registered and incorporated under Act XXI of 1860 is represented in this application by its Principal Officer. The petitioner had obtained a lease of a piece and parcel of land which appertains to Municipal Holding No. 53 of the Dacca Municipality. Initially the lease was for a period of 25 years on a monthly rental and it is claimed that the peti tioner has raised certain structures on the said land for estab lishing a hospital and a Medical School to impart teaching in Medical Science. It has been stated that on the expiry of the term of the said lease, the petitioner continued to remain on the pre mises on a monthly basis. On the 1st of May, 1961, the peti tioner received a notice, being Notice No. 1415 (2), dated May 1, 1961 in L. A. Case No. 131 of 1960-61, by which the Additional Deputy Commissioner, Dacca, purported to requisition the premises of the petitioner along with the structures thereon, against the said order of requisition an appeal was preferred before the Commissioner, Dacca Division, who did not give any relief to the petitioner. Thereafter it approached the Govern ment of East…
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