Sheikh

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

I.C.A. No. __________/2000 In W.P. No. 10157/1999

1. Muhammad Sadiq S/o Ghulam Muhammad Caste Sheikh, R/o Inside Bohar Gate, Multan. 2. Muhammad Yaqub S/o Umar Hayat Caste Dogar, R/o 502 Gujar Khadda Multan. 3. Muhammad Sardar S/o Muhammad Ishaq Caste Dogar, R/o 504 Gujar Khadda, Multan. 4. Muhammad Iqbal S/o Gulzar Ahmad Caste Butt, R/o Shams Abad Colony, Near Eid Gah, Multan. Appellants/Petitioners Versus Administrator, General Bus Stand, Multan. Respondent Appeal U/s 3 of Act VIII of 1972 against the order dated 18.5.2000 passed by the learned Single Bench, by which the writ petitioner of the appellants was dismissed. CLAIM IN APPEAL: Accept the appeal, set aside the impugned order accepting the writ petition.

Respectfully sheweth: 1. That the names and addresses of parties are given correct for the purpose of service and citation.

2. That the General Bus Stand at Multan was established under the Management of Municipal Corporation, Multan and the Respondent is supposed to be the supervisor of that General Bus Stand in capacity of Administrator. Different type/categories of plots were available at the said General Bus Stand, which were necessary in connection with the business along with the bays for every class of motor vehicles. The availability of all those plots was subject to the auction. 3. That an auction was held in the period between 28.5.91 to 30.5.91 in respect of those plots. The appellants participated in auction and succeeded to get plots for Service Station, Hotel, Service Station and Motel, respectively, being the highest bidders. After approval of the House of Municipal Corporation Multan and completing all other formalities, the bid and proceedings of auction were confirmed in the favour of appellants and others. 4. That instead of making hectic efforts, unfortunately the possession of said plots could not be delivered/transferred in favour of appellants, due to frequent changes in regimes, and appellants could not succeed to erect the constructions upon the said plots. 5. That in 1995, the Municipal Corporation, Multan advertised the said plots, along with others, for re-auction. Aggrieved from this act of Municipal Corporation Multan, the appellants, and others filed Civil Suits and the matter in respect of appellants is now sub-judice before the Hon’ble Supreme Court. Many others aggrieved from this act and conduct of the Municipal Corporation, Multan have also started the litigation. During this litigation, the Municipal Corporation Multan compromised with some litigants adopting a policy of pick and choose. It is pertinent to point out that the same request for the compromise in respect of the petitioners was turned down. 6. That the appellants also tried on administrative side. Many directives from the office of the Secretary, Local Government and Rural Development, Minister concerned, and Chief Minister,

along with recommended applications of the appellants were received in the office of M.C.M but could not bring any fruit. 7. That on 17.2.99, the appellants submitted an application to the Mayor, Municipal Corporation Multan, for the sympathetic consideration. The said application was forwarded for an opinion of the Learned Legal Advisor on 26.3.99. The Learned Legal Advisor opined that the compromise with the appellants is in the interest of Municipal Corporation, Multan and also referred a precedent of compromise in the opinion. The opinion of the Learned Legal Advisor was fully endorsed, elaborately by the Mayor, M.C.M on 26.6.99, and respondent was directed to effect the compromise as being the relevant authority. It is pertinent to point out that under the Business Rules 1980 (Local Government Ordinance 1979) the Chairman/Mayor is fully empowered to act on behalf of the Local Council in legal proceedings. 8. That the said application, along with the opinion and direction was not submitted before the competent Court for the reason best known to the respondent, even it was requested time and again by the appellants. It was again bad luck of the appellants that the Local Bodies were suspended and subsequently the respondent refused to comply with the directions of the Mayor M.C.M. 9. That the appellants approached the respondent and made request frequently to tender/effect the compromise in view of the direction dated 26.6.99, in the Hon’ble Supreme Court, but, the same could not be acceded. 10.That the learned Single Bench dismissed the writ petition vide order dated 18.5.2000. Copy of writ petition is Annexure “A”, copy of parawise comments is Annexure “B”, while the copy of impugned order is Annexure “C”. 11.That the impugned order is liable to be set aside inter-alia on the following GROUNDS i)

That the impugned order is against the justice as well as the principles of Natural justice.

ii)

That the impugned order is against the prevailing law and facts of the case.

iii)

That the impugned order is against the law of Equity as well as a clear cut violation of Articles 4 & 25 of the Constitution of Islamic Republic of Pakistan.

iv)

That the learned Single Bench could not appreciate the essence of the matter, rather the impugned order was based on mere technicalities.

v)

That the learned Single Bench wrongly declared that matter pertains to effect a contract. Actually it was a matter of discrimination, and the door of learned Single Bench was knocked for uniformity.

vi)

That in the parawise comments, the respondent could not distinguish the case of appellants from the case of compromised litigants.

vii)

That u/s 153 of Punjab Local government Ordinance, 1979 the respondent along-with others was bound to follow the instructions/directions of Government, but the learned Single Bench did not take any notice in this view of matter. It is, therefore, respectfully prayed that this appeal may please be accepted, to set aside the impugned order, and writ petition may be allowed. Any other relief, direction or relief which this Hon’ble Bench deems fit, may please be granted in the favour of appellants. Humble Appellants i) ii) iii) iv)

Certificate:The appellants did not ever file any such appeal before this Hon’ble Court.

Muhammad Sadiq, Muhammad Sardar, Muhammad Yaqoob, Muhammad Iqbal

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Sadiq

Versus

Administrator, General Bus Bus Stand, Multan.

Affidavit of: Muhammad Sadiq S/o Ghulam Muhammad Caste Sheikh, R/o Inside Bohar Gate, Multan. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above Writ 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 30th day of October, 1999 that the contents of this affidavit are true to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

I.C.A. No. _________/2000 In W.P. No. 10157/1999

Muhammad Sadiq

Versus

Administrator, General Bus Bus Stand, Multan.

INDEX S. No. NAME OF DOCUMENTS

ANNEXURES PAGES

1

Memo of Appeal.

2

Copy of writ petition.

A

3

Copy of Parawise comments.

B

4

Copy of impugned order.

C APPELLANTS

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

I.C.A. No. _________/2000 In W.P. No. 10157/1999

Muhammad Sadiq

Versus

Administrator, General Bus Bus Stand, Multan.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth:That certified copies of Annexures __________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.

APPELLANTS Dated: __________ i) ii) iii) iv)

Muhammad Sadiq, Muhammad Sardar, Muhammad Yaqoob, Muhammad Iqbal

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

I.C.A. No. _________/2000 In W.P. No. 10157/1999

Muhammad Sadiq

Versus

Administrator, General Bus Bus Stand, Multan.

Dispensation Application. Affidavit of: Muhammad Sadiq S/o Ghulam Muhammad Caste Sheikh, R/o Inside Bohar Gate, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above 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 July 2000 that the contents of this affidavit are true to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Zafar S/o Sohna Caste Channa R/o Chah Ata Wala, Mauza Said Pur, Tehsil and District Multan. Petitioner Versus 1. S.S.P Multan. 2. S.H.O. P.S. Basti Malook. 3. Hakim son of Pehlwan Caste Jamat R/o Chah Malkan Wala Mauza Gopal Pur. 4. Muhammad Ijaz S/o Muhammad Saddique Caste Dal R/o Mauza Panj Kooha, Tehsil & Distt. Multan. Respondents Writ Petition Under Article 199 Constitution of Islamic Republic of Pakistan 1973. Respectfully Sheweth: 1. That the names and addresses of the parties are given correct for the purpose of service and citation. The Photograph of the Petitioner is annexed with this Petition, as the identity card of the Petitioner is not available. 2. That the brief facts giving rise to this petition, that the Petitioner is a resident of Chah Ata Wala Mauza Said Pur Tehsil & Distt. Multan. At some distance one Hakim son of Pehlwan Caste Jamat is residing at Chah Malkan Wala in adjacent Mauza

namely Gopal Pur. Many people of bad character and reputation are at visiting terms with said Hakim. All these people when passing in front of the house of the Petitioner, always cutting jokes with the ladies and on the resistance of the ladies, abusing them. Many complaints were made to Hakim, but in response he even threatened to face the dire consequences. Being poor people we could not raise an effective protest. On 1.11.99, I along with my brothers and father in one room, and my mother along with my sister and wife in adjacent room went to sleep as usual. About after the mid-night, my father cautioned me and my brothers on a noise in the courtyard. We saw that Hakim and another were trying to de-catch the door of the other room. All we raised alarm and tried to catch hold of both the accused persons when they tried to flee from the spot. Neighbourers attracted towards us namely Mitthu, Ramzan, Ameer Bakhsh, Basheer, Ramzan, Haji Muhammad Sharif along with others, and all we succeeded to catch hold of both the persons. The neighbourers inflicted some slaps and fist blows upon both the accused persons. Meanwhile, one Jind Wada Thaheem, Munshi of the landlord also arrived at the spot. He patched the matter and released both the accused persons. 3.

That as the matter was finished then and there the Petitioner and other member of family did not initiate any type of proceedings against the Respondents No. 3 & 4, but after two days it came to the knowledge of the Petitioner that the Respondents No. 3 & 4, being revengious, are going to plant some false prosecution upon the Petitioner, his family members and neighbourers who were present at the time of occurrence. The Petitioner tried to bring the real facts into the knowledge of the I.O. but he refused to listen to the Petitioner. Looking at the cold behaviour of the I.O, the Petitioner submitted an application to the Respondent No. 1 but till now, there is no legal action. On the other hand a case F.I.R. No. 483/99 dated 3.11.99, under section 343/148/149 P.P.C. is registered against the Petitioner, his family members and the neihgbourers. Copy of Application and F.I.R. are annexed as “A” and “B”.

4. That as the F.I.R was got registered under ulterior motive and malafide intention, the Petitioner tried to provide his Cross Version/Defence Version but the I.O. and Respondent No. 2 refused to record the same. The Petitioner has a right to produce the Defence Version through oral as well as documentary evidence, and, the I.O. is legally bound to record the same. To find the truth is the real essence of investigation, and not to favour the complainant. The public functionaries in this case miserably failed to comply with the law in this regard. 5. That the Petitioner approached post to pillar but he was not listened in the matter, and, is left with no other adequate, speedy, efficacious as well as alternate remedy except to invoke the extra ordinary constitutional jurisdiction of this Hon’ble Court for the redressal of his grievance, hence this Petition before this Hon’ble Court. It is therefore, respectfully prayed that the Respondent No. 2 may please be directed to record the Defence Version, other evidence of the petitioner and to investigate the matter, honestly, fairly and justly. Any other relief, order, direction or writ this Hon’ble Court deems proper in connection with the fitness of the matter, may please be issued. Humble Petitioner Muhammad Zafar

Through: Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176 Certificate:As per instructions of the petitioners, no identical Writ Petition has earlier been filed in this Hon’ble Court.

Advocate.

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Zafar

Versus

S.S.P Multan etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES A & B. ========================================= Respectfully Sheweth:That certified copies of Annexures A & B 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. PETITIONER Muhammad Zafar

Through: Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Zafar

Versus

S.S.P Multan etc.

Dispensation Application. Affidavit of: Muhammad Zafar S/o Sohna Caste Channa R/o Chah Ata Wala, Mauza Said Pur, Tehsil and District Multan. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above 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 November, 1999 that the contents of this affidavit are true to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Zafar

Versus

S.S.P Multan etc.

Affidavit of: Muhammad Zafar S/o Sohna Caste Channa R/o Chah Ata Wala, Mauza Said Pur, Tehsil and District Multan. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above Writ 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 November, 1999 that the contents of this affidavit are true to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. __________________/1999 Muhammad Zafar

Versus

S.S.P Multan etc.

INDEX S. No. NAME OF DOCUMENTS

ANNEXURESPAGES

1

Urgent Form

2

Stamp Papers worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copy of Application.

A

6

Copy of F.I.R.

B

7

Dispensation Application.

8

Affidavit.

9

Vakalatnama. PETITIONERS

Through: Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176