Malik Ashiq
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IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________/2002 Malik Ashiq Ali S/o Malik Faiz Bukhsh, caste Shujra, R/o 48Mehrban Colony, Multan (Nazim Union Council No. 58). Petitioner VERSUS 1. Tehsil Nazim Tehsil (City), Multan.
Tehsil Municipal
2. Tehsil Naib Nazim (City), Multan. Administration, Tehsil 3. Tehsil Officer.
Council, Multan. Respondents
Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the Pakistan Telecommunication Ltd., Multan opted to extend its network and in this connection, submitted its programme to the respondents. In this extension programme, road cutting was involved. The respondents submitted an estimate for restoration of the road cuttings. This estimate was in two phases. One was amounting Rs. 1,33,37,535/- and the second was Rs. 83,05,655/-, total amounting to Rs. 2,16,43,190/-. Copies of costing are Annexes “A & B”.
3. That the amount was transferred in favour of the respondents by the P.T.C.L. through cheque No. B 735992 dated 28.6.2001 amounting to Rs. 40,00,000/- and cheque No. CA-100/APK 053761 dated 3.9.2001 amounting to Rs. 1,76,43,190/-. For some other road cuts, the amount was calculated as Rs. 170,600/- and the same was also transferred by cheque No. CA-100/APK 071158. The copies of these three cheques are Annexes “C, D & E”. 4. That the P.T.C.L. made road cuts, extended its network and provided further connections to the residents of Multan, but the road cuts are still neither filled nor repaired, even the amount is received by the respondents near about 7 months ago. 5. That since the Government declared the general election in near future and respondents No. 1 & 2 are the interested candidates, so they, in connivance with respondent No. 3 tried to misuse and misappropriate the amount meant for restoration of road cuts and announced a schedule for the development of the areas falling within the jurisdiction of their proposed constituencies. In this connection, the respondent No. 1 got published an advertisement in the daily Nawa-e-Waqt dated 8.1.2002 inviting the tenders for the development of the said areas, advertisement is Annex “F”. 6. That this misuse of said amount was not only the apprehension of petitioner, but this fact was confirmed and corroborated by the statements of respondent No. 2 in the news papers. The cutting of statement of daily Khabrain and Nawa-e-Waqt are Annexes “G & H”. The last date of opening the tenders is 30.1.2002. Copy of Annex “J”. 7. That the above said amount of Rs. 2,16,43,190/- and Rs. 170,600/- are meant for the repairing and restoration of road cuts provided by the P.T.C.L. for the extension of their network and the amount shall be used for the same purpose. This amount cannot be used for any other job work or development. It is shall be used anywhere else, it will be amounting to misappropriation
and embezzlement especially in the prevailing circumstances. On the other hands due to these road cuts, the health of the residents of Multan is going to be seriously effected. These road cuts are not only a hurdle or obstruction for the traffic, but creating the environmental problems and rate of pollution is accelerated. 8. That the respondents are adamant to complete their evil designs and corrupt practice, hence, left the petitioner with no other adequate, efficacious, proper or alternate remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the respondents may please be directed not to use the funds received from P.T.C.L. for the filling, repair and maintenance of road cuts, for any other development programme. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. HUMBLE PETITIONER, Dated: ___________ 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
CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No. ______________/2001
Humayun Irshad etc.
Vs.
Govt. of Punjab etc.
AFFIDAVIT of: -
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition 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 January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Humayun Irshad etc.
Vs
Govt. of Punjab etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================
Respectfully Sheweth:That certified copies of Annexures “A to H” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. PETITIONERS Dated: __________
Through: -
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Humayun Irshad etc
Vs. Govt. of Punjab etc.
DISPENSATION APPLICATION.
AFFIDAVIT of: -
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No.____________/2001 Humayun Irshad etc
Vs
Govt. of Punjab etc.
INDEX S. No. NAME OF DOCUMENTS 1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit
ANNEXES PAGES
5 6 7 8
Dispensation Application.
9
Affidavit.
10
Application U/s 151 C.P.C.
11
Affidavit.
12
Vakalatnama PETITIONERS
Dated: ____________ 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
W.P. No._____________/2002 Malik Ashiq Ali S/o Malik Faiz Bukhsh, caste Shujra, R/o 48Mehrban Colony, Multan (Nazim Union Council No. 58). Petitioner VERSUS 1. Tehsil Nazim Tehsil (City), Multan.
Tehsil Municipal
2. Tehsil Naib Nazim (City), Multan. Administration, Tehsil 3. Tehsil Officer.
Council, Multan. Respondents
Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the Pakistan Telecommunication Ltd., Multan opted to extend its network and in this connection, submitted its programme to the respondents. In this extension programme, road cutting was involved. The respondents submitted an estimate for restoration of the road cuttings. This estimate was in two phases. One was amounting Rs. 1,33,37,535/- and the second was Rs. 83,05,655/-, total amounting to Rs. 2,16,43,190/-. Copies of costing are Annexes “A & B”.
3. That the amount was transferred in favour of the respondents by the P.T.C.L. through cheque No. B 735992 dated 28.6.2001 amounting to Rs. 40,00,000/- and cheque No. CA-100/APK 053761 dated 3.9.2001 amounting to Rs. 1,76,43,190/-. For some other road cuts, the amount was calculated as Rs. 170,600/- and the same was also transferred by cheque No. CA-100/APK 071158. The copies of these three cheques are Annexes “C, D & E”. 4. That the P.T.C.L. made road cuts, extended its network and provided further connections to the residents of Multan, but the road cuts are still neither filled nor repaired, even the amount is received by the respondents near about 7 months ago. 5. That since the Government declared the general election in near future and respondents No. 1 & 2 are the interested candidates, so they, in connivance with respondent No. 3 tried to misuse and misappropriate the amount meant for restoration of road cuts and announced a schedule for the development of the areas falling within the jurisdiction of their proposed constituencies. In this connection, the respondent No. 1 got published an advertisement in the daily Nawa-e-Waqt dated 8.1.2002 inviting the tenders for the development of the said areas, advertisement is Annex “F”. 6. That this misuse of said amount was not only the apprehension of petitioner, but this fact was confirmed and corroborated by the statements of respondent No. 2 in the news papers. The cutting of statement of daily Khabrain and Nawa-e-Waqt are Annexes “G & H”. The last date of opening the tenders is 30.1.2002. Copy of Annex “J”. 7. That the above said amount of Rs. 2,16,43,190/- and Rs. 170,600/- are meant for the repairing and restoration of road cuts provided by the P.T.C.L. for the extension of their network and the amount shall be used for the same purpose. This amount cannot be used for any other job work or development. It is shall be used anywhere else, it will be amounting to misappropriation
and embezzlement especially in the prevailing circumstances. On the other hands due to these road cuts, the health of the residents of Multan is going to be seriously effected. These road cuts are not only a hurdle or obstruction for the traffic, but creating the environmental problems and rate of pollution is accelerated. 8. That the respondents are adamant to complete their evil designs and corrupt practice, hence, left the petitioner with no other adequate, efficacious, proper or alternate remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the respondents may please be directed not to use the funds received from P.T.C.L. for the filling, repair and maintenance of road cuts, for any other development programme. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. HUMBLE PETITIONER, Dated: ___________ 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
CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No. ______________/2001
Humayun Irshad etc.
Vs.
Govt. of Punjab etc.
AFFIDAVIT of: -
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition 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 January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Humayun Irshad etc.
Vs
Govt. of Punjab etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================
Respectfully Sheweth:That certified copies of Annexures “A to H” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. PETITIONERS Dated: __________
Through: -
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Humayun Irshad etc
Vs. Govt. of Punjab etc.
DISPENSATION APPLICATION.
AFFIDAVIT of: -
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 January 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No.____________/2001 Humayun Irshad etc
Vs
Govt. of Punjab etc.
INDEX S. No. NAME OF DOCUMENTS 1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit
ANNEXES PAGES
5 6 7 8
Dispensation Application.
9
Affidavit.
10
Application U/s 151 C.P.C.
11
Affidavit.
12
Vakalatnama PETITIONERS
Dated: ____________ 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
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