Pak

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2002 1.

Petitioners VERSUS 1. Pakistan Council of Architects & Town Planners, through its Chairman. 2. Chairman, Pakistan Council of Architects & Town Planners, Suite No. 111, Ist Floor, R.S.M. Square, E1, Shaheed-e-Millat Road, Karachi. 3. Respondents

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with all other enabling provisions.

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 Council of Architects & Town Planners is a statutory body constituted under the Pakistan Council of Architects and Town Planners Ordinance 1983. The functions of the Council as laid down in Section 8 (a) are mentioned below: -

Sec-8. Functions of the Council: -

The following shall be

the functions of the Council, namely: a)

Maintenance of tow registers, one for persons qualified to practice as architects and the other for persons qualified to practice as Town Planners and two lists, one for persons eligible to practice as unregistered architects and the other persons eligible to practice as unregistered town planners;

3. That the respondents are preparing all the lists and also prepared list for unregistered architects and town planners. In the said list, the persons having tow years diploma, 3 years diploma working as draftsman and Naksha Nawees

were included.

Directory is enclosed as Annex “A”. 4. That the petitioners are working in the same field and the statement in respect of the particulars of the petitioners is attached herewith as Annex “B”. The petitioners are working successfully by the grace of God. And submitted applications to the respondents for the enlistment of unregistered architects and town planners, but the same were refused. Copy of application and refusal letter are Annexes “C & D”. 5. That the reply of respondents is illegal, unlawful, arbitrary, capricious, void ab-initio and un-warranted under the law. On the other hand, it is the clear-cut violation of statutory provisions and in conflict with the ordinance (ibid). The intention of the legislation was quite clear, when section 8 (a) was inducted in fact this assertion was a safeguard for the professionals having lesser qualification than qualified architects and town planners. 6. That the list of unregistered architects and town planners was firstly prepared in compliance with section 8 (a) ibid in year 1989 and since then, that is going to be amended as per availability of applicants. 7.

GROUNDS i)

That

ii)

That

iii)

That Keeping in view the above-mentioned facts, it is respectfully prayed that the respondents may please be directed Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioners to meet the ends of justice. HUMBLE 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

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. ______________/2002

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 April 2002 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. _____________/2002 In W.P. No.____________/2002 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. _____________/2002 In W.P. No.____________/2002 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 April 2002 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.____________/2002 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