Dhaka Municipal Corporation Ordinance, 1983
Section 155 read with
Dhaka City Corporation Ordinance, 1983
Section 154 read with
Constitution of Bangladesh
Article 102
Without resorting to the alternative remedy available, the writ petition is not legally maintainable– Section 155 of the Dhaka Municipal Corporation Ordinance, 1983. Section 154 of the Dhaka City Corporation Ordinance, 1983 provides that any person aggrieved by an order passed by the corroboration or any officer in pursuance of the said ordinance or rules or by laws may prefer an appeal to the prescribed authority within the period of limitation and any order passed in the appeal shall be final. If the appellant has got any grievance against the allotment, he could have preferred an appeal but without seeking redress to the proper authority in accordance with law moved the writ petition challenging the allotment. Without resorting to the alternative remedy available, the writ petition is not legally maintainable. In view of the above, the learned Judges of the High Court Division have committed no error of law in discharging the rule nisi. The appeal is therefore, dismissed without any order as to costs. …A.B.M. Asgar =VS= Administrator & Chairman of Allotment Committee, Dhaka, (Civil), 2020 (1) [8 LM (AD) 98] ....View Full Judgment