Summary

Kenpark Bangladesh (Private) Limited applied to the High Court Division under article 102 of the Constitution, complaining that respondent No. 3 had not disposed of its application under Memo No. KBPL/AUDIT/2025/03-07 dated 20.08.2025. On 30.09.2025 the Court issued a Rule Nisi asking why that failure should not be declared to have been made without lawful authority, and at the same time directed the respondent to dispose of the application within fifteen days of receiving the order. Respondent No. 3 later filed an application informing the Court that it had disposed of the petitioner's application on 22.10.2025, and asked for the Rule to be discharged as infructuous. Having heard the advocate for respondent No. 3 and perused the writ petition, the application and the order sheets, the Court, considering the facts and circumstances, discharged the Rule. No order was made as to costs, and the order was directed to be communicated at once.

Issues

1. Q1

   Whether the Rule challenging respondent No. 3's failure to dispose of the petitioner's application survived once the application had been disposed of.

Key points

• Respondent No. 3 disposed of the petitioner's application dated 20.08.2025 on 22.10.2025, after the Rule was issued with a direction to dispose of it within fifteen days.
• Once the application had been disposed of, the Rule challenging the failure to dispose of it had become infructuous.
• The Rule was discharged with no order as to costs.

Law considered

Constitution of the People's Republic of Bangladesh, article 102