THE PETITIONER AND INTERFERING WITH HIS HOTEL/PLOT IN NAME TILL THE FINAL DISPOSAL OF THE PRESENT PETITION.

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. ________-A/0000

Name son of Name, resident of Name, P.O Name, Tehsil & District City.

  …PETITIONER

VERSUS

 

  1. Nmae, through Local Govt. & Development City.
  2. Commissioner|City.
  3. Name Development Authority, through Director General (GDA) City.
  4. Director, Nmae Development Authority (GDA), City.

 

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, SEEKING DECLARATION/ DIRECTION TO THE EFFECT THAT PETITIONER IS BONAFIDE ALLOTTEE/ LESSEE OF PLOT NO. 00 SITUATED AT DONGA GALI CONTAINING BY MEASUREMENT 00 MARLAS (00X00 FEET) VIDE LETTER DATED 00/00/0000 AND SUBSEQUENTLY THROUGH REGISTERED LEASE DEED NO. 000/0 ATTESTED ON 00/00/0000 BEFORE SUB-REGISTRAR ABBOTTABAD AND SUBSEQUENTLY ANOTHER LETTER DATED 00/00/0000 WAS ISSUED VIDE WHICH EXTRA LAND MEASURING 00 MARLAS ADJACENT TO PLOT NO. 00 WAS ALLOTTED TO THE PETITIONER BY THE RESPONDENTS, SUBMITTED BUILDING PLANS FOR CONSTRUCTION OF HOTEL, WHICH WAS DULY APPROVED, CONSTRUCTED A HOTEL BY INVESTING MILLION OF RUPEES AS PER APPROVED BUILDING PLANS, PAYING ALL THE REQUISITE TAXES, FEES, LEASE MONEY TO RESPONDENTS’ DEPARTMENT FROM LAST 00 YEARS WITHOUT ANY DEFAULT, THE RESPONDENTS’ DEPARTMENT REFERRING THE DECISION MADE BY HONOURABLE SUPREME COURT OF PAKISTAN IN CASE OF Name AND OTHERS FOR DECISION OF FIXATION OF PRICE OF 00 KANAL, THE PUBLICATION OF NOTICE IN THE DAILY “FFF” DATED 00/00/0000 DIRECTING THE PETITIONER ALONGWITH OTHER 00 NUMBERS OF OWNER/ LEASE HOLDER, REFERRING THE DECISION OF Month SUPREME COURT OF PAKISTAN DIRECTING THEM TO PAY ADDITIONAL AMOUNT OF THE HOTEL WHICH HAS ALREADY BEEN PAID AT THE TIME OF ORIGINAL ALLOTMENT IN THE YEAR 0000 AS PER DIRECTION/ MARKET RATE, HENCE, THE IMPUGNED NEWSPAPER ADVERTISEMENT ISSUED BY THE RESPONDENTS DEPARTMENT IS APPARENTLY ILLEGAL, UNLAWFUL, ARBITRARY, DISCRIMINATORY, WITHOUT JURISDICTION AND BEYOND JURISDICTION, MALAFIDE, AGAINST THE RIGHTS OF PETITIONER PROTECTED AND GUARANTEED UNDER CONSTITUTION IBID, AGAINST THEIR OWN PRECEDENTS / DECISIONS MADE IN NUMBER OF CASES AND THE NUMBER OF DECISION MADE BY THIS HONOURABLE COURT IN CONSTITUTIONAL PETITIONS ON THE SAME GROUND OF INVALIDITY OF PLOTS WHICH WERE NEVER EVER CHALLENGED/ ASSAILED BEFORE THE AUGUST SUPREME COURT OF PAKISTAN BY THE RESPONDENTS DEPARTMENT WHICH ATTAINED FINALITY. THE PETITIONER WERE NEVER EVER BEEN ISSUED ANY NOTICE, OPPORTUNITY OF PERSONAL HEARING BEFORE ISSUANCE OF IMPUGNED ADVERTISEMENT, HENCE, THE ACT OF RESPONDENTS BE DECLARED VOID, AB-INITIO AND ORDERED TO BE SET-ASIDE. ANY OTHER ORDER/RELIEF/ DIRECTION  WHICH THIS Month COURT Month DEEMS FIT AND PROPER IN THE CIRCUMSTANCES.

=======================================

 

May it please your lordships; –

 

Facts giving rise to the instant constitutional petition are arrayed as under;-

 

  1. That the Name Improvement Trust city (HHTIT) (predecessor of Name Development Authority) allotted plot No. 00to one Name son of Name, situated at Name according to assets costs of the trust plus the costs of land @ Rs. 00,000/- per Kanal for 00 years lease vide lease deed dated 00/00/0000.

 

  1. That later on the petitioner had purchased the lease hold rights from Name vide agreement dated 00/00/0000 upon which the respondents’ department transferred the lease hold rights in respect of plot No. 00 in favour of the petitioner vide letter dated 00/00/0000. (Copy of letter dated 00/00/0000 is annexed as Annexure “A”).

 

  1. That predecessor of respondents’ department subsequently executed lease deed vide Deed No. 000/0 attested on 00/00/0000 before Sub-Registrar City for a period of 00 years. (Copy of lease deed is appended as Annexure “B”).

 

  1. That petitioner after submitting the building plans and getting approval from the department started construction of a Hotel as per approved building plan, the petitioner deposited the required amount for the land and completed his construction while investing million of rupees. (Copies of site plan of hotel, building plan are appended as Annexure “C” & ‘D” respectively).

 

  1. That in the year 0000, the petitioner requested to the respondents’ department for allotment of extra 00 Malra of land adjacent to the plot No. 00 upon which the respondents’ department very pleased to allot the extra 00 Marlas of land @ Rs. 000,000/- for 00 Marlas vide allotment letter dated 00/00/0000. The petitioner deposited the requisite fee and taxes in respect of the said extra allotted 00 Marlas of land. (Copy of letter dated 00/00/0000 is annexed as Annexure “E”).

 

  1. That the petitioner is paying all the requisite taxes, fees initially to HHTIT and subsequently to Name Development Authority regularly right from the transfer of plot till date. (Copies of demand notes and payment receipt are appended as Annexure “F-0” to “F-0” respectively).

 

  1. That the respondents’ department never demanded any extra amount or conveyed any decision to the petitioners despite receiving all the requisite taxes and fees from the petitioner.

 

  1. That respondents’ department despite knowingly the status of petitioners’ plot/ Hotel allotted in 0000 for the period of 00 years to be expired in the year 0000, and without issuing any notice of invalidation affording opportunity of hearing to the petitioners, without perusing and reconfirming from their own record issued a public notice in the daily “JJJ” dated 00/00/0000 with regard to 00 numbers of plot, hotels & commercial shops including the petitioner’s plot/ hotel. (Copy of newspaper advertisement are appended as Annexure “G”).

 

  1. That in identical issues the writ petition No. 000 and 000 of 0000 were decided on 00/00/0000 which was upheld by the Honourable Supreme Court of Pakistan in CPLA No. 1111 of 0000 vide order dated 00/00/0000. (Copies of the judgment of this Honourable Court and the petition before the Honourable Supreme Court of Pakistan are appended as Annexure “H” & “I” respectively).

 

  1. That the impugned advertisement is also approved as act of discrimination on the part of respondents’ department as another writ petition No. 000/0000 which was allowed by this Honourable Court vide judgment dated 00/00/0000 in which the legality of identical notice was challenged and respondents department did not assailed the judgment of this Honourable Court which attained finality. (Copy of judgment dated 00/00/0000 is appended as Annexure “J”).

 

  1. That the petitioner who is enjoying right over the plot/ hotel and had paid invested a huge amount on the purchase, renovation, construction of a hotel paying all the taxes, abiding the rules, byelaws of the respondents department. But the conduct of the respondents department is not only in violation of the Constitution, the judgments of this Honourable Court upheld by the august apex court of country but is apparently illegal unlawful, arbitrary, malafide, without jurisdiction, unfair and against the norms of justice.

 

  1. That petitioners feeling aggrieved and having no others alternate, adequate and efficacious remedy is available as the petitioners are being treated in an illegal and highly discriminatory manner by the respondents department, comes to invoke the extra ordinary jurisdiction of this Honourable Court by way of instant constitutional petition, inter-alia, amongst many other; –

 

GROUNDS;

 

  1. That the issuance of the newspaper advertisement by the respondents proclaimed their own malafide as their actions and inactions are illegal, unlawful, arbitrary, discriminatory, unconstitutional and unfair as the conduct of respondents is in contravention and violation of Article 0 of the Constitution ibid which guarantees the petitioner the in alienable right to enjoy the protection of law and to be treated in accordance with law.

 

  1. That the conduct of respondents is also in contravention and in violation of Article 00 of the constitution, which enshrines that all citizen of Pakistan are equal before the law and are entitled to the equal protection of the law. The respondents department indulged in outright discrimination and also violated the provision of Articles 00, 00 & 00 of Constitution which protects the petitioners rights or the property being a bonafide lessee and valuable rights have been accrued to the petitioner over the property on which she spend a considerable amount at the time of purchase and subsequently on renovation, construction and residing in it. Hence, the respondent have no right to violate such constitutional rights of the petitioner is such an illegal and in discriminatory manner, the conduct of respondent is against the principle of the law of natural justice and is against the provision of the maximum “Audi Alterm Palterm”.

 

  1. That order dated 00/00/0000 of this court delivered in Azam Khan case, where by the notice served on the petitioner by the respondent department was held illegal and unlawful, and respondents were directed not to interfere with his lawful possession and title in respect of his plot in Name on the basis of the said impugned notice. The judgment of this court was never ever challenged by the respondent department before the Apex Court, thereby the same attained finality, hence, the respondent cannot travel beyond the said order of this Honourable Court.

 

  1. That in another order dated 00/00/0000 of this Honourable Court passed in Name case, whereby the said case was decided in favour of petitioner, viz a viz the illegality of the impugned notice of respondent department was briefly challenged before the Month Supreme Court of Pakistan but same was than withdrawn vide order dated 00/00/0000 hence, the order dated 00/00/0000 of this Honourable Court also attained finality.

 

  1. That in case against Name before the August Supreme Court, the respondent No.0 itself gave a clear commitment and undertaking to the Apex Court that it would afford equal treatment to all the allottees as mentioned in the list of the 00 plots. It is worth noting that the said list of 00 plots also includes the plots of Name and Name, whose names appear at Sr. No.0 and 0 of the said list of 00 plots, respectively. And yet, the respondent No.0 has intentionally and maliciously not mentioned the names of Name and Mr. Name in its notice published in the daily “AIO” on 00/00/0000, effectively back-tracking in violation of its commitment made before the Apex Court.

 

  1. That in view of the finality of the orders of this Honourable Court in Name case (W.P No.000/0000) and Name case (W.P No.000/0000) and also that of the order dated 00/00/0000 of the Month Supreme Court of Pakistan in the case of Name reconsideration of the earlier decision of the cabinet is nothing but, with utmost respect, flouting with the orders of this Honourable Court and that of the orders of the Month Supreme Court of Pakistan.

 

  1. That the respondents have no authority to issue the impugned notice through its publication in daily “GGG” on 00/00/0000, or in any other Urdu and English dailies, if any, whereby the petitioner, alongwith others, has been asked, to the exclusion of 0 leaseholders, to pay an additional amount on the plot. Moreover, even though Name and Name are included in the list of 00 plots and can be found at Sr. Nos.0 and 0 respectively the respondent No.0 has deliberately and maliciously not included their names in the daily “NNN” of 00/00/0000. The respondent No.0 has done this for the simple reason that in these cases the above said issues were already decided and the respondents were well aware that in case of adding the above two names, the same would clearly hold them responsible for contempt of court proceedings. Furthermore, the inclusion of their names in the publication in the daily “Aaj” will also transpire the discriminatory treatment that the respondents are meting out to the rest of the allottees included in the list of plots. Therefore, it is more than evident that the respondent No.0 has maliciously back-tracked on its commitment and undertaking made before the Month Supreme Court and it has acted in violation of the Month Supreme Court’s order dated 00/00/0000.

 

  1. That the respondent No.0 is once again raising similar issues which had been raised earlier and which have attained finality by virtue of the orders of this Honourable Court in Name case and in Name case as well as in Name case before the august Supreme Court vide order dated 00/00/0000.

 

 

  1. That the question of the so-called market rate is not even an option. The initial notice dated 00/00/0000 of the respondent No.0, which spoke of a market rate, was set aside by this Honourable Court and that order of this Honourable Court was not set aside to that extent by the august Supreme Court. Even otherwise, the question of market rate cannot be a ground for the cancellation/invalidation of a plot.

 

 

  1. That the decision of this Honourable Court clarified that the respondents have failed to show any violation or non fulfillment of any codal formalities with regard to the plots in question and similarly in Name case the respondents had not challenged the same before the Month Supreme Court of Pakistan, which attained finality.

 

 

  1. That the earlier decision of this Honourable Court clarified that the respondents have failed to show any violation or non fulfillment of any codal formalities with regard to the plots in question. It is evident that the allegation raised by the respondents pertaining to the alleged non compliance of codal formalities was malicious and discriminatory, aside from being vague and absurd.

 

 

  1. That the allotment of the plot to the petitioner on lease is squarely covered by the rule of past and closed transaction, thus the respondents can not interfere in the said matter.

 

 

  1. That without prejudice to the above and in addition thereto, the petitioner has “legitimate expectations” to enjoy the rights over the plot purchased by him. The petitioners have invested a considerable amount of money on the renovation/reconstruction on the plot, over which he has constructed a hotel. In fact, the petitioners have been enjoying rights over the plot for almost 0 decades and has been abiding by all the rules, bye laws of respondent No.0. The conduct of the respondent No.0 is in complete disregard of the legitimate expectation so accrued to the petitioner over the course of almost 0 decades.

 

 

  1. That the illegal and unlawful conduct of the respondents only serves to subject the petitioners to mental torture and strain aside from all the natural inconvenience that flows from it. In fact, the petitioner has been deprived of an immeasurable amount of mental peace due to the unwarranted, illegal, unlawful conduct and threats of the respondents No.0 and consequently the petitioner is unable to live his life to the fullest, which is an inalienable right guaranteed to him under Article 0 of the constitution.

 

 

  1. That the discriminatory treatment meted out to the petitioner by the respondents is due to illegal, unlawful, malicious and ulterior motives/reasons. Thus, the respondents have deprived the petitioner of her rights duly guaranteed to him by the constitution.

 

 

  1. That there is no alternate and efficacious remedy available to the petitioner but to invoke the extraordinary constitutional jurisdiction of this Honourable Court.

 

 

  1. That notices for filing of titled writ petition has been dispatched to the respondents as per law. Copies of notice and receipts are annexed as Annexure “K”.

 

  1. That the petitioner craves for leave add/raise further grounds at the time of the final arguments before this Honourable Court thereby highlighting further contraventions of the Articles of the Constitution & Laws by the respondents to the detriment of the petitioner.

 

 

In view of the above, it is humbly prayed that upon the acceptance of this writ petition, this Honourable Court may graciously be pleased to; –

 

 

  1. Declare the impugned notice published in daily “AHj” on 00/00/0000, and in any other such like Urdu and /or English dailies, if any, whereby the petitioners have been directed to pay additional amount for his plot/ hotel in Name alongwith any other notice as illegal, arbitrary, without lawful authority, discriminatory, void ab-initio and based on malafide.

 

  1. Direct the respondents to treat the petitioners allotment of his plot in line with that of Azam Khan’s case (W.P No.000/0000).

 

  • Direct the respondents to refrain from illegally interfering in the rights of the petitioner over the plot/hotel.

 

  1. Direct the respondents to treat the petitioner in accordance with the law.

 

  1. Any other relief deemed appropriate in the circumstances of the case may also be granted.

 

INTERIM RELIEF;

 

The impugned notice dated 00/00/0000 issued in the daily “GJJ” and in any other such like Urdu & English dailies, if any, may graciously be suspended till the final disposal of the present petition and the respondents may also be restrained from harassing the petitioner and interfering with his hotel/plot in Name till the final disposal of the present petition.

 

 

…PETITIONER

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

VERIFICATION:-

 

Verified on oath that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court

 

 

…PETITIONER

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-B/0000

 

 

 

Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City.

 

…PETITIONER

 

VERSUS

 

 

 

Name, through Local Govt. & Development City and others.

…RESPONDENTS

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City, do hereby solemnly affirm and declare that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

DEPONENT

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

 

Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City.

 

…PETITIONER

 

VERSUS

 

 

 

Name, through Local Govt. & Development City and others.

 

…RESPONDENTS

 

 

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that notice of filing titled writ petition has been dispatched to the respondents.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

BEFORE THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH

 

 

Writ Petition No. ________-A/0000

 

 

Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City.

 

…PETITIONER

 

VERSUS

 

 

 

Name, through Local Govt. & Development City and others.

…RESPONDENTS

 

 

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

…PETITIONER

Through

Dated: ____________/0000

 

 

(Name)

Advocate Supreme Court of Pakistan, City

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

 

Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City.

 

…PETITIONER

 

VERSUS

 

 

 

Name, through Local Govt. & Development City and others.

…RESPONDENTS

 

WRIT PETITION

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth:-

Addresses of the parties are as under:-

 

Name son of Name, resident of Mohallah Name, P.O Name, Malach, Tehsil & District City..

…PETITIONER

VERSUS

 

  1. Name, through Local Govt. & Development City.
  2. Commissioner City.
  3. Name Development Authority, through Director General, City.
  4. Director, Name Development Authority, city.

…RESPONDENTS

 

 

…PETITIONER

Through

Dated: ____________/0000

(Name)

Advocate Supreme Court of Pakistan, City

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. ________-A/0000

 

Name son of Name, resident of Mohallah Name, P.O Name, Tehsil & District City.

 

…PETITIONER

 

VERSUS

 

 

 

Name, through Local Govt. & Development City and others.

…RESPONDENTS

WRIT PETITION

 

INDEX

 

S.# Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 22  
2. List of Books 23  
3. Addresses of the parties 24  
4. Copy of letter dated 00/00/0000 25 “A”
5. Copy of lease deed 26 to 30 “B”
6. Copies of site plan of hotel, building plan 31 to 32 “C” & “D”
7. Copy of letter dated 00/00/0000 33 ‘E”
8. Copies of demand notes and payment receipt 34 to 37 “F-1” to “F-4”
9. Copy of newspaper advertisement 38 “G”
10. Copy of the judgment of this Honourable Court 39 to 44 “H”
11. Copy of judgment of Honourable Supreme Court of Pakistan 45 to 52 “I”
12. Copy of judgment dated 00/00/0000 53 to 58 “J”
13. Copies of notice and postal receipts 59 to 60 “K”
14. Court fee stamp paper worth of Rs. 500/- 61  
15. Wakalatnama 62  

 

 

 

…PETITIONER

Through

Dated: ____________/0000

(Name)

Advocate Supreme Court of Pakistan, City

 

 

OFFICE OF SARDAR NAME

Advocate Supreme Court of Pakistan, office at City

 

To

 

 

  1. Name, through Local Govt. & Development City.

 

  1. Commissioner City.

 

  1. Name Development Authority, through Director General City.

 

  1. Director, Name Development Authority, City.

 

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

On the advice of my client Name son of Name, resident of Name, P.O Name, Tehsil & District City, a writ petition is being filed before the Honourable City High Court, City Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ____________/0000

 

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

PESHAWAR HIGH COURT, CITY BENCH

 

Advocate Detail

 

Full Name: abc

 

Father’s Name: abd

 

Date of Birth: 00/00/0000                                      CNIC # 00000-000000-0

 

Permanent Address:abc

 

Present Address:      —As Above–

 

Email: jkl.asc@gmail.com            District: city

Mobile # 0000-0000000

License No. DC: bc-00-0000                                 Issue Date: 00/00/0000

License No. HC: 000-A                                           Issue Date: 00/00/0000

License No. SC: _______________                     Issue Date: 00/00/0000

 

 

MENTION YOUR PENDING CASES:

 

 

Case No. Petitioner Respondent
WP No. 000-A/0000 Name Department
WP No. 000-A/0000 Name Department
WP No. 000-A/0000 Name Department
WP No. 000-A/0000 Name Department
WP No. 000-A/0000 Name Department
     
     

 

And many other cases are also pending before this Honourable Court.

 

Signature: ________________

 

 

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