Amjad
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IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
C.M. No. ________/2001 In W.P. No. 2274/93 Amjad Ali
Vs.
Market Committee
APPLICATION U/O 1, R-10, SECTION 151 CPC.
Respectfully Sheweth: 1.
That the above titled writ Petition was filed by the Writ Petitioner for the allotment of a plot in the premises of New Grain Market, Multan.
2.
That during the course of proceedings C.M. No. 313/94 was filed by the writ petitioner, in this Hon’ble Court, in which, without mentioning any identification, a plot was pointed out, lying vacant in the said market. A site plan without scale was also annexed with this C.M., by the writ petitioner. This Hon’ble court passed an order dated 19-3-94 restraining the disposal of said plot.
3.
That this version of writ petitioner was not correct, because the said plot was never allocated for business. It was a plot which was used for the parking of donkey carts and loading/unloading.
4.
That the snap submitted in the court along-with C.M. No. 313/94 was not correct and does depict the real situation or the
shops in the real existence. The map as per real existence of shops and affidavits challenging the correctness of affidavit and map dated 28.2.94 provided by the writ petitioner are attached as Annexes “A to A/27”. 5.
That the applicant are doing their business in the shops situated around the plot alleged to be lying vacant, as shown in the map dated 28.2.94 provided by the writ petitioner and the applicants shall be directly and aggrieved in case of allotment of said plot.
6.
That the writ petitioner tried to suppress the facts from this Hon’ble Court and also misusing the process of law under malafide intention and ulterior motive.
7.
That the writ petitioner filed an incorrect affidavit along-with C.M. No. 313/94 and liable to be prosecuted under the law.
8.
That the applicants are the necessary and proper party in this case, but the writ petitioner intentionally for his own design did not implead the applicants as respondent in the writ petitioner.
9.
That the case of writ petitioner is quite different from the cases already decided. In those case, plot/plots meant for business was/were actually available.
10.
That the factum of pendency of titled writ petition came to the knowledge of the applicants while a learned advocate in the capacity of Local Commissioner visited the locality on _____. Keeping in view the above-mentioned facts, it is respectfully prayed that the application may graciously be accepted, the applicant may please be ordered to implead as respondent in the titled writ petition; and may very kindly be allowed to proceed with this case according to law.
Any other order, direction or relief, which this Hon’ble Court deems fit, may please be extended in the interest of justice. Humble Applicants, Dated: ___________
1. Haji Muhammad Khalil S/o Haji Muhammad Mubin, caste Sheikh, R/o 3704/6A, Hassan Parwana Colony, Multan.
2. Rana Azmat Ali S/o Rana Rehmat Ali, caste Rajpoot, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
3. Aslam S/o Haji Rafee-ud-Din, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
4. Mst. Safia Riaz W/o Sh. Riaz Ahmad, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
5. Tariq S/o Haji M. Ashraf, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
6. Mst. Zeb Bibi W/o Ghulam Mustafa, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
7. Fazal Ilahi S/o Haji Inam Ilahi, caste Sheikh, R/o Hassan Parwana Colony, Multan, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
8. M. Usman S/o Haji Yaseen, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
9. Jamshed S/o M. Shafee, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
10.Aftab M. Ali S/o Haji Nawab Hassan, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
11.Mst. Shaheena Habib W/o Sh. Habib Ahmad, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
12.Farooq Ahmad S/o Sheikh M. Rafique, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
13.Tariq S/o Sheikh M. Khalid, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
14.Adnan Ahmad S/o Haji Latif, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
15.Waheed Ahmad S/o Sheikh M. Rafique, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
16.Ashfaq Ahmad S/o Haji Akbar Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
17.S.M. Iqbal S/o Nawab Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
18.Mst. Aziz Fatima W/o Zia Qureshi, caste Qureshi, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
19.Haji Latif S/o Sheikh M. Ibrahim, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
20.Mst. Surayya Bano W/o M. Fazil, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
21.Zulqarnain S/o Hanif, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
22.Muhammad Khalid S/o Abdul Majeed, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
23.Haji Muhammad Usman S/o Haji Sardar, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
24.Javed Alam S/o M. Shafee, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
25.Mst. Shahida Mushtaq W/o Mushtaq Ahmad, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
26.Mst. Musarrat Begum W/o Junaid Ahmad, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
27.Sheikh Muhammad Yousuf S/o Sh. Mubarak Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
C.M. No. ________/2001 In W.P. No. 2274/93 Amjad Ali etc
Vs.
Market Committee
AFFIDAVIT of: Haji Muhammad Khalil S/o Haji Muhammad Mubin, caste Sheikh, R/o 3704/6A, Hassan Parwana Colony, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of September 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
C.M. No. ________/2001 In W.P. No. 2274/93 Amjad Ali
Vs.
Market Committee
APPLICATION U/O 1, R-10, SECTION 151 CPC.
Respectfully Sheweth: 1.
That the above titled writ Petition was filed by the Writ Petitioner for the allotment of a plot in the premises of New Grain Market, Multan.
2.
That during the course of proceedings C.M. No. 313/94 was filed by the writ petitioner, in this Hon’ble Court, in which, without mentioning any identification, a plot was pointed out, lying vacant in the said market. A site plan without scale was also annexed with this C.M., by the writ petitioner. This Hon’ble court passed an order dated 19-3-94 restraining the disposal of said plot.
3.
That this version of writ petitioner was not correct, because the said plot was never allocated for business. It was a plot which was used for the parking of donkey carts and loading/unloading.
4.
That the snap submitted in the court along-with C.M. No. 313/94 was not correct and does depict the real situation or the
shops in the real existence. The map as per real existence of shops and affidavits challenging the correctness of affidavit and map dated 28.2.94 provided by the writ petitioner are attached as Annexes “A to A/27”. 5.
That the applicant are doing their business in the shops situated around the plot alleged to be lying vacant, as shown in the map dated 28.2.94 provided by the writ petitioner and the applicants shall be directly and aggrieved in case of allotment of said plot.
6.
That the writ petitioner tried to suppress the facts from this Hon’ble Court and also misusing the process of law under malafide intention and ulterior motive.
7.
That the writ petitioner filed an incorrect affidavit along-with C.M. No. 313/94 and liable to be prosecuted under the law.
8.
That the applicants are the necessary and proper party in this case, but the writ petitioner intentionally for his own design did not implead the applicants as respondent in the writ petitioner.
9.
That the case of writ petitioner is quite different from the cases already decided. In those case, plot/plots meant for business was/were actually available.
10.
That the factum of pendency of titled writ petition came to the knowledge of the applicants while a learned advocate in the capacity of Local Commissioner visited the locality on _____. Keeping in view the above-mentioned facts, it is respectfully prayed that the application may graciously be accepted, the applicant may please be ordered to implead as respondent in the titled writ petition; and may very kindly be allowed to proceed with this case according to law.
Any other order, direction or relief, which this Hon’ble Court deems fit, may please be extended in the interest of justice. Humble Applicants, Dated: ___________
1. Haji Muhammad Khalil S/o Haji Muhammad Mubin, caste Sheikh, R/o 3704/6A, Hassan Parwana Colony, Multan.
2. Rana Azmat Ali S/o Rana Rehmat Ali, caste Rajpoot, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
3. Aslam S/o Haji Rafee-ud-Din, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
4. Mst. Safia Riaz W/o Sh. Riaz Ahmad, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
5. Tariq S/o Haji M. Ashraf, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
6. Mst. Zeb Bibi W/o Ghulam Mustafa, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
7. Fazal Ilahi S/o Haji Inam Ilahi, caste Sheikh, R/o Hassan Parwana Colony, Multan, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
8. M. Usman S/o Haji Yaseen, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
9. Jamshed S/o M. Shafee, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
10.Aftab M. Ali S/o Haji Nawab Hassan, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
11.Mst. Shaheena Habib W/o Sh. Habib Ahmad, caste Sheikh, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
12.Farooq Ahmad S/o Sheikh M. Rafique, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
13.Tariq S/o Sheikh M. Khalid, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
14.Adnan Ahmad S/o Haji Latif, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
15.Waheed Ahmad S/o Sheikh M. Rafique, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
16.Ashfaq Ahmad S/o Haji Akbar Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
17.S.M. Iqbal S/o Nawab Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
18.Mst. Aziz Fatima W/o Zia Qureshi, caste Qureshi, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
19.Haji Latif S/o Sheikh M. Ibrahim, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
20.Mst. Surayya Bano W/o M. Fazil, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
21.Zulqarnain S/o Hanif, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
22.Muhammad Khalid S/o Abdul Majeed, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
23.Haji Muhammad Usman S/o Haji Sardar, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
24.Javed Alam S/o M. Shafee, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
25.Mst. Shahida Mushtaq W/o Mushtaq Ahmad, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
26.Mst. Musarrat Begum W/o Junaid Ahmad, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
27.Sheikh Muhammad Yousuf S/o Sh. Mubarak Ali, owner of the shop situated at Shimali Gate, Galla Mandi, Multan.
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
C.M. No. ________/2001 In W.P. No. 2274/93 Amjad Ali etc
Vs.
Market Committee
AFFIDAVIT of: Haji Muhammad Khalil S/o Haji Muhammad Mubin, caste Sheikh, R/o 3704/6A, Hassan Parwana Colony, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of September 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
