IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional
Jurisdiction)
Constitution
Petition # -D- 3309/2012
MOHSIN JAMIL …………………. PETITIONER
VERSUS
1. Government
Of Sindh through
Home Secretary, New Sindh Secretariat
Kamal Atta Turk Road, Karachi.
2.
DIRECTOR GENERAL
Sindh Katchi Abadi Authority
Government of Sindh, situated
at
2nd Floor, PCG
Plaza, 253,
Sarwar Shaheed Road,
Karachi.
3. Zulfiqar
Rao son of unknown
Inspector Special Branch
Posted SIU Jamshed Quarter
Karachi East.
4. Station
House Officer
Police Station Alfalah,
District East Karachi,
Karachi.
5. Anis uddin Farooqi
Son of Ghulam Mohi uddin,
Muslim, adult,
resident of House No. H-35/2-35/3,
Muhalla Khokrapar 1,
Malir Extention Colony,
Karachi. ……………… RESPONDENTS
CONSTITUTION PETITION
UNDER ARTICLE 199 OF
THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.
The petitioner, above named, respectfully begs to submit as under:-
1. That the petitioner is lawful owner of Leased Plot No.
190, measuring 120 Sq. Yards, situated at Millat town, Shah Faisal Town,
Karachi, by virtue of Lease Deed duly executed before Sub-Registrar, Shah
Faisal Town, Karachi, vide Registration No. 2211, Book No. I, dated 28-06-2012
and M.F. Roll No: U 50053, 7924, dated 17-07-2012. (Photo state copy Lease Deed
appended herewith and marked as annexure “A”).
2. That the said Lease was executed by the respondent
No.2 (Sindh Katchi Abadi Authority)
as per approved Layout Plan of Millat Town, vide Notification No.
SKAA/NOT/KAR-I/04/1453 dated 12/11/04.
3. That father of the Petitioner acquired, occupied and in
possession since last 35 years of the said Premises then it was verbally gifted
to me by my father and now jointly occupied and in possession and enjoying
benefits of peaceful possession. As per
policy of Sindh Katchi Abadi Authority one Plot may be leased out in the name
of one person due to this my father got leased out the said plot in my name.
4. That the respondent No. 3 along with other unknown
persons came at premises of petitioner and posing himself as a inspector of
special Branch of Government of Sindh and extended threats to the petitioner to
vacate, dispossess from the said premises and this task has been given by the
Higher Authorities of police, but he did not show his departmental identity
card despite request.
5. That on 10-08-2012, the respondent No. 3 & 5
alongwith officials of the respondent No. 4 and other 3 unknown private, ghunda
elements introduced themselves government staff, political agents, and pressurized the petitioner to vacate and hand over possession of the
said premises otherwise be ready for
dire consequences, the petitioner told them that the above said plot is leased
out by the Sindh Katchi Abadi Authority for 99 years but the said persons
alongwith the respondent No. 3 & 5 extended threats for dire consequences,
this incident was informed to the Respondent No. 4 (S.H.O. Alfalah) through application/
complaint dated 28-8-2012 but he took no legal action. (Photo state copy of the
application/Complaint is appended herewith and marked as annexed “B”).
6. That due to refusal by the petitioner, respondent No. 4 malafidely inclusion with
other respondents No. 3 & 5 started to harass the petitioner by booking them in false and factitious cases
under section 107, 117 and 151 Code of Criminal Procedure.
7. That the petitioner have availed alternate remedies
available to him by submitting written applications to the Police hierarchy in
the first instance including respondent
No. 4, who have commanding controls over the respondent #.3, but the
respondent #. 4 did not bother to look into the matter and no relief was granted
to the petitioner. (Photo state copy of
application already submitted is appended here with and marked as annexed “B”.
8. That police men are the State employed, guardians of
citizens, first component of system of
criminal justice and are functioning in connection with the affairs of the province
– police men are charged with multifarious duties relate able to enforcement of
law, maintenance of social order and preservation of piece subject to control
of judiciary and movement High Court comes to conclusion that functionary of
police were not performing duties within the parameters assigned to them, High
Court would come to the rescue of the aggrieved citizens.
9. That the respondents being authority established
under the Statute and their officials being public functionaries, are under
obligation to perform their duties within the mandate of law and to protect the
rights / interest of the citizens of this country and in case of their failure
to do so, this Honorable Court can under its constitutional jurisdiction has
ample powers to issue them directions to perform their functions properly as
required under the law.
10.
That this Honorable Court would appreciate
that if such gross negligence on the part of the public functionaries is
ignored and allowed to continue, thereby very valuable rights of the citizens
are adversely affected and they are put in a very embarrassing / thwarting
position, a situation of chaos would emerge and not a single citizen of this
country would feel himself in a safe and secured position.
11.
That the petitioner is lawfully entitled to seek
protection from this Honorable Court of their valuable right over the lease
land as lawful title documents are in their possession and this is fit case in
which this Honorable Court may interfere and issue writ to meet the ends of justice.
12.
That the petitioner in order
to redress his grievances has approached to the hierarchy of the respondents as
stated above in the body of this petition, but no fruitful result came out.
13.
That under Article 4 of the
Constitution this is an inalienable right of every citizen to be dealt with in
accordance with law and whenever right of a citizen is violated and brought to
the notice of High Court should be investigated and appropriate order is to be
passed in exercise of its jurisdiction under Article, 199 of the Constitution.
14.
That no other adequate remedy
is available to the petitioner for seeking direction against the respondents
except by filling this constitution petition in this Honorable Court.
15.
That there is no impugned order
in this constitution petition, and the petitioners have not filed any other
petition prior to this constitution petition nor they have filed any complaint
before any court of law on the subject matter for the relief prayed herein.
16.
That the petitioners crave
leave to press additional grounds at the time of hearing of the instant
petition before this Honorable Court.
PRAYER
a) Issue a writ of mandamus
directing and restraining therein to the respondents,
their servant(s), subordinate (s), agent(s), assign (s), attorney (s),
representative (s) and or any body else acting through them or on their behalf
or working for them, from illegal dispossessing,
ejectment and without due course of law pressurizing, threatening, humiliating,
creating harassment and mental torture by unnecessarily visiting the premises and all other persons
acting for and under them in lawful possession of Leased
Plot No. 190, measuring 120 Sq. Yards, situated at Millat town, Shah Faisal
Town, Karachi
of the petitioner without due course of law and creating an third party
interest and taking any action / doing anything which may be detrimental to the
interest / rights of the
petitioner.
b) To direct the respondent
No. 2 to submit approved Layout Plan of Millat Town, Shah Faisal Town and also
verify the Lease of the petitioner.
c) Any other efficacious and equitable relief (s) as this Honorable Court may
deem fit and proper under the circumstances of this constitution petition.
Karachi.
Dated: 14-09-2012.
PETITIONER
Advocate for the Petitioner
VERIFICATION
I,
MOHSIN JAMIL son of Jamil
uddin Ansari, Muslim, adult, residing at ,Karachi, do hereby state and verify on oath that
whatever has been stated above is true and correct to the best of my knowledge,
information and belief.
Deponent ___________
.
Identified
by me
Advocate
Oath administered before me by the deponent above named at
Karachi on this ____ day of September, 2012, the deponent is identified to me
by Mr. Shafique Ahmed/SM ZUBAIR advocate, who is personally known to me.
Commissioner
for taking affidavits
AFFIDAVIT IN SUPPORT OF
CONSTITUTION
PETITION UNDER ARTICLE 199
I, MOHSIN JAMIL son
of Jamil uddin Ansari, Muslim, adult, residing at Karachi, do hereby state on
oath as under:-
1.
That I am
Petitioner in above titled Appeal and deponent of this affidavit, as such am
fully conversant with the facts of the matter deposed herein:
2.
That the accompanying
CONSTITUTION PETITION UNDER
ARTICLE 199 has been
drafted and filed under my express instructions and contents whereof are true
and correct and the same alongwith contents of the memo of plaint may please be
treated as part of this affidavit for the sake of brevity.
3.
That I say that
I have a good prima facie case, and balance of convenience lies in my favour
and until and unless accompanying application is granted as prayed I will be
seriously prejudiced and shall suffer irreparable loss.
4.
That I say that
whatever stated above is true and correct to the best of my knowledge and
belief.
Karachi.
Dated:
14-09-2012.
Deponent ___________
Identified
by me
Advocate
Oath administered before me by the deponent above named at
Karachi on this ____ day of September, 2012, the deponent is identified to me
by Mr. Shafique Ahmed/SM ZUBAIR advocate, who is personally known to me.
Commissioner
for taking affidavits
APPLICATION
TO EXEMPT FILLING ORIGINAL
DOCUMENTS UNDER SECTION 151 CPC
On behalf of the
Petitioner, it is respectfully submitted that this Hon’ble Court may be pleased
to exempt the Petitioner from filling original documents/certified copies as
well as translation into English of the documents as the same are not available
as this juncture, therefore, allow him to file photocopies of the documents as
annexed.
Prayed accordingly in
interest of justice, equity and good conscience and shortage of time.
Karachi.
Dated: 14-09-2012. Advocate for the petitioner
AFFIDAVIT
I,
MOHSIN JAMIL son of Jamil uddin Ansari,
Muslim, adult, residing at ,Karachi, do hereby state on oath as under:-
1.
That I am the petitioner
in the above matter, as such am fully
conversant with the facts there of.
2.
That the
accompanying application under section
151, Code Of Civil Procedure has been
drafted and filed by my counsel under my specific instructions, contents there
in are true and correct to the best of my knowledge, information and belief.
3.
That certified
copies/original of annexed A, B and C
are not available to me and for this reason earnest request for exemptions
has been made by me.
4.
That for the
sake of brevity and in order to avoid duplication, I adopt the contents of
accompany application as integral part and parcel of this affidavit and do not
repeat the same.
5.
That I shall be
seriously prejudiced and shall suffer an irreparable loss, until accompanying
application is allowed.
6.
That whatever
stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 14/09/2012.
Deponent ___________
Identified by me
Advocate
Oath administered before me by the deponent above named at
Karachi on this ____ day of September, 2012, the deponent is identified to me
by Mr. Shafique Ahmed/SM ZUBAIR advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVITS
APPLICATION UNDER ORER XXXIX RULE 1 AND 2
R/W
SECTION 151 CODE OF
CIVIL PROCEDURE
On consideration of the facts and grounds
disclosed in the accompanying affidavit and in the memo of petition , it is
most respectfully prayed that this
Honorable court may be pleased to restrain the respondents, their servant(s),
subordinate (s), agent(s), assign (s), attorney (s), representative (s) and or
any body else acting through them or on their behalf or working for them, from illegal dispossessing, ejectment
and without due course of law pressurizing, threatening, humiliating, creating
harassment and mental torture by unnecessarily visiting the premises of the
petitioner Plot No. 190, Millat Town, Shah Faisal Town, Karachi and further
from creating third party interest, pending disposal of this Constitution
Petition.
An ad-interim injunction is to
be solicited meanwhile in terms of main prayer in the greater interest of
justice and equity.
Karachi.
Dated: 14-09-2012 Advocate for the petitioner
AFFIDAVIT
I,
MOHSIN JAMIL son of Jamil
uddin Ansari, Muslim, adult, residing at ,Karachi, do hereby state on oath as
under:-
1. That I am the petitioner in the above matter, as am fully conversant with the facts there of.
2. That the accompanying application under order XXXIX
Rule 1 and 2 read with section 151, Code Of Civil Procedure has been drafted
and filed by my counsel under my specific instructions, contents therein are
true and correct to the best of my knowledge, information and belief.
3. That I say that I have good prima facie case and
balance of convenience lies in my favor and there is likely hood that I shall win in this petition.
4. That for the sake of brevity and in order to avoid
duplication, I adopt the contents of accompany application as well as main
petition as an integral part and parcel of this affidavit and do not repeat the
same.
5. That I shall be seriously prejudiced and shall suffer
an irreparable loss, until accompanying application is allowed.
6. That whatever stated above is true and correct to the
best of my knowledge and belief.
Karachi
Dated: 14-09-2012. Deponent ___________
Identified by me
Advocate
Oath administered before me by the deponent above named at Karachi
on this ____ day of September, 2012, the deponent is identified to me by Mr. Shafique
Ahmed/SM ZUBAIR advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVITS
APPLICATION UNDER RULE IX CHAPTER III-A
VOLUME –V OF THE SINDH HIGH COURT RULES
On behalf of the petitioner, it is
respectfully submitted that this Hon’ble Court may be pleased to treat this
matter as urgent motion and hear the main petition on 18.09.2012, as if immediate action is not taken, the respondent
#. 3 and 5 will do more illegal actions over the said premises/plot and this
will hamper the rights of the people of
vicinity and particularly of the petitioner.
The prayer is made most earnestly in the
greater interest of Justice and equity.
Karachi.
Dated: 14/09/2012. ADVOCVATE for the
PETITIONER
AFFIDAVIT
I, MOHSIN JAMIL son of Jamil uddin Ansari, Muslim,
adult, residing at ,Karachi do hereby state on oath as under:-
1.
That I am
Petitioner in and deponent of this affidavit, as such am fully conversant with
the facts of the matter deposed herein:
2.
That the
accompanying APPLICATION UNDER RULE IX,
CHAPTER III-A, VOLUME–V OF THE SINDH HIGH COURT RULES has been drafted
and filed under my express instructions and contents whereof are true and
correct and the same alongwith contents of the memo of plaint may please be
treated as part of this affidavit for the sake of brevity.
3.
That I say that
I have a good prima facie case, and balance of convenience lies in my favour
and until and unless accompanying application is granted as prayed I will be
seriously prejudiced and shall suffer irreparable loss.
4.
That I say that
whatever stated above is true and correct to the best of my knowledge and
belief.
Karachi
Dated:
14-09-2012.
Deponent ___________
Identified
by me
Advocate
Oath administered before me by the deponent above named at
Karachi on this ____ day of September, 2012, the deponent is identified to me
by Mr. Shafique Ahmed/SM ZUBAIR advocate, who is personally known to me.
COMMISSIONER FOR TAKING
AFFIDAVITS
You is/are very useful
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