IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No. 1805/2003

Abdul Qayyum Vs Commercialisation Committee, etc.

INDEX
S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES
1 Urgent Form __ __
2 Stamp Papers __ __
3 Writ Petition. __ 1—5
4 Affidavit __ 7
5 Copies of rent deed. A 9
6 Copy of notice. B 11
7 Copy of Policy & Notification with C & C/1 13—27
better copy. 29—45
8 Dispensation Application. __ 47
9 Affidavit. __ 49
10 Stay application. __ 51—53
11 Affidavit. __ 55
12 Power of attorney. __ 57

PETITINOER,
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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. 1805/2003

Abdul Qayyum S/o Shah Muhammad, R/o 36/C, Shah Rukn-

e-Alam Colony, Multan (Shop Manager, Bata Shoes Pakistan,
Multan).

……PETITINOER
VERSUS
1. Commercialization Committee through its Chairman Tehsil
Municipal Officer, Tehsil (City) Tehsil Municipal
Administration, Multan.
2. Nazim Tehsil (City), Municipal Administration.
3. Ali Ahmad Tariq S/o Haji Hidayat Ali, caste Sheikh, R/o
501/C, Gulgasht Colony, Multan (owner).

…RESPONDENTS

Writ Petition under Article 199 of

the Constitution of Islamic Republic
of Pakistan, 1973 along-with all the
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.

1-A. That the respondent No. 3 is arrayed in the compliance of

order dated 13.5.03 of this Hon’ble Court.
2. That the petitioner are the tenants in the shops of property No.
501/C, Gulgasht Colony, Multan, owned by one Ali Ahmad Tariq
S/o Hidayat Ali. The proof in this regard is attached as Annex
“A”.

3. That the shop is rented by Bata Pakistan Ltd. for the sale of their
products and the petitioner is working is Shop Manager. The rent
of the shop is paid to the owner regularly.

4. That 26.4.03 the respondent along-with their officials came to the

shop occupied by the petitioner and sealed the shop without
assigning any reason. The petitioner being a law- abiding citizen
did not extend any resistance, but only asked about their fault, but
the petitioner was only directed to visit their office.

5. That on 2.5.03, after repeated visits and requests, it was informed

by the staff of the respondents that the owner of the shop used his
residential premises as commercial and had not paid the
commercialisation fee in connection with the shop/property
occupied by the petitioner and handed over a notice to the
petitioner. The petitioner agitated before the respondents, that, the
petitioner is the tenant only and paying the rent of the shop
regularly to the owner of the property, so under no obligation, he
is bound to pay this commercialisation fee, but the respondents
are not going to accede to request of the petitioner. Copy of
notice is Annex “B”.

6. That as per “NOTIFICATION” dated 2.7.2001, issued by the

order of the Governor of the Punjab, containing the rules; and
rule “I” is very much clear in this respect as detailed below: -

“I. A tenant using a building for commercial purposes

without the consent of owner/landlord shall be liable for
payment of penalty and annual/temporary
commerciali--sation fee. No permanent
commercialisation shall be allowed or regularized
without the consent of the owner.”
 The intention is very much clear that the consented
tenants by the owner/landlord shall not by any means under
obligation to pay the commercialisation fee, if any. Copy of
Policy & Notification with better copy is Annex “C & C/1”.

7. That the petitioner has no other source of income and is earning

the bread and butter for himself and his family; and the act of
respondents for sealing the shop, is leading the petitioner towards
miseries, without his any fault.
8. That the conduct, behaviour, acts and actions of the respondents
are illegal, unlawful & unwarranted under the law and even
against the fundamental rights of the petitioner.
9. That the petitioner is left with no other alternate, adequate,
efficacious or speedy remedy except to invoke the extraordinary
constitutional jurisdiction of this Hon’ble Court in the particular
circumstances.
In view of the above submissions, it is
respectfully prayed that the act of respondents for
sealing the shop occupied by the petitioner may kindly
be declared illegal, unlawful and unwarranted under
law, even effecting the fundamental rights of petitioner;
and the said shops may graciously be ordered to be de-
sealed.
Any other writ, direction, order or relief, which
this Hon’ble Court deems fit may graciously be
awarded in the interest of justice and equity.

HUMBLE PETITIONER,

Dated: ________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
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.____________/2003

Abdul Qayyum Vs Commercialisation Committee, etc.

AFFIDAVIT of: -
Abdul Qayyum S/o Shah Muhammad, R/o 36/C, Shah
Rukn-e-Alam Colony, Multan (Shop Manager, Bata
Shoes Pakistan, Multan).

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-titled 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 May 2003 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief. Nothing has been kept concealed thereto.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2003

In
W.P. No.____________/2003

Abdul Qayyum Vs Commercialisation Committee, etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth: -

1. That the above-titled application is being filed before this

Hon’ble Court, the contents of which should be considered as
part & parcel of the main petition.

2. That certified copies of Annexes “A to C” are not readily

available. However, uncertified/photo state copies of the same
have been annexed with the petition, which are true copies of
the original documents.

It is, therefore, respectfully prayed that

this Hon’ble court may please dispense with the
filing of aforesaid copies of documents.

APPLICANT,
Dated: __________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2003

In
W.P. No.____________/2003

Abdul Qayyum Vs Commercialisation Committee, etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Abdul Qayyum S/o Shah Muhammad, R/o 36/C, Shah
Rukn-e-Alam Colony, Multan (Shop Manager, Bata
Shoes Pakistan, 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 May 2003 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief. Nothing has been kept concealed thereto.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2003

In
W.P. No.____________/2003

Abdul Qayyum Vs Commercialisation Committee, etc.

Petition U/s 151 C.P.C. for Interim Relief.

Respectfully Sheweth: -

1. That the above-titled application is being filed before this

Hon’ble Court, the contents of which should be considered as
part & parcel of the main petition.

2. That prima facie the case of petitioner is on good, sound and

strong footing being the legal tenants.

4. That the shop is the only source of income for the petitioner
and its closure till the final decision will not only cause the
hardships in the life, but also cause irreparable loss to the
petitioner and his family.

5. That the law is in favour of petitioner so the balance of

convenience and balance of justice is in favour of the
petitioner.

6. That the conduct, behaviour, action and act of the respondents

is discriminating, colourful and unwarranted on the face of it,
by which the petitioner is ected aversely without their any
fault.

6. That a great miscarriage is caused to the petitioner due to the

act and conduct of the respondents.

It is, therefore, respectfully prayed that

the sealed shop of the petitioner may please be
desealed till the final decision of the case in
hand.
Any other relief which this Hon’ble Court
deems fit, may please be granted to the
petitioner.

PETITINOER,
Dated: __________
Through: -
Hamad 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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. 1804/2003

Falak Sher etc. Vs Commercialisation Committee, etc.

INDEX
S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES
1 Urgent Form
2 Stamp Papers
3 Writ Petition. 1—5
4 Affidavit 7
5 Copies of rent deeds. A to A/3 9—25
6 Copy of notice. B 27
7 Copy of Policy & Notification with C & C/1 29—43
better copy. 45—61
8 Dispensation Application. 63
9 Affidavit. 65
10 Stay application. 67—69
11 Affidavit. 71
12 Power of attorney. 73

PETITINOER,
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
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. 1804/2003

1. Falak Sher S/o Karam Hussain, R/o Chah Bheroo Wala, P.O.
Nawab Pur, Tehsil & District Multan.
2. Muhammad Ramzan Khalid S/o Ch. Aziz-ud-Din, R/o H. No.
498/C, Gulgasht Colony, Multan.
3. Tariq Khalil S/o Abdul Majeed, R/o Chak No. 1, Tarpai
Gharbi, Tehsil & District Multan.
4. Muhammad Riaz S/o Ghulam Sarwar, R/o Chak No. 8/W-B,
Tehsil & District Vehari (Shop Manager Servis Shoes).

……PETITINOERS
VERSUS
1. Commercialization Committee through its Chairman Tehsil
Municipal Officer, Tehsil (City) Tehsil Municipal Administration,
Multan.
2. Nazim Tehsil (City), Municipal Administration.
3. Asghar Ali
4. Sabir Ali
5. Mst. Parveen---wife of Muhammad Arshad
6. Mst. Shaheen Kausar---wife of Muhammad Afzaal
No. 3 to 6 sons and daughters of Khadim Hussain (late), caste
Sheikh, R/o 554/C, Gulgasht Colony, Multan.

…RESPONDENTS

Writ Petition under Article 199 of

the Constitution of Islamic Republic
of Pakistan, 1973 along-with all the
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.

1-A. That the respondents No. 3 to 6 are arrayed in the compliance

of order dated 13.5.03 of this Hon’ble Court.

2. That the petitioners are the tenants in the shops of property No.
554/C, Gulgasht Colony, Multan, owned by one Khadim Hussain
(late), now inherited to respondents No. 3 to 6 being the real sons
and daughters of Khadim Hussain. The proof in this regard is
attached as Annex “A to A/3”.

3. That the petitioner No. 1 is doing the business of electric

repairing in shop No. 1, the petitioner No. 2 is running a General
Store in shop No. 2, the petitioner No. 3 is doing the business of
Dry Cleaning in shop No. 3, while shops No. 4 & 5 are rented by
M/s Servis Sales Corporation (Pvt.) Ltd. Lahore and petitioner
No. 4 is working as Shop Manager. All the petitioners are paying
the rent for premises occupied by them, regularly.

4. That 26.4.03 the respondent along-with their officials came to the

shop occupied by the petitioner and sealed all the 5 shops without
assigning any reason. The petitioners being law- abiding citizens
did not extend any resistance, but only asked about their fault, but
the petitioners were only directed to visit their office.

5. That on 2.5.03, after repeated visits and requests, it was informed

by the staff of the respondents that the owner of the shop used his
residential premises as commercial and had not paid the
commercialisation fee in connection with the shop/property
occupied by the petitioner and handed over a notice to the
petitioner. The petitioner agitated before the respondents, that, the
petitioner is the tenant only and paying the rent of the shop
regularly to the owner of the property, so under no obligation, he
is bound to pay this commercialisation fee, but the respondents
 are not going to accede to request of the petitioner. Copy of
notice is Annex “B”.

6. That as per “NOTIFICATION” dated 2.7.2001, issued by the

order of the Governor of the Punjab, containing the rules; and
rule “I” is very much clear in this respect as detailed below: -

“I. A tenant using a building for commercial purposes

without the consent of owner/landlord shall be liable for
payment of penalty and annual/temporary
commerciali--sation fee. No permanent
commercialisation shall be allowed or regularized
without the consent of the owner.”

The intention is very much clear that the consented

tenants by the owner/landlord shall not by any means under
obligation to pay the commercialisation fee, if any. Copy of
Policy & Notification with better copy is Annex “C & C/1”.

7. That the petitioners have no other source of income and are

earning the bread and butter for themselves and their families;
and the act of respondents for sealing the shop, is leading the
petitioners towards miseries, without his any fault.

8. That the conduct, behaviour, acts and actions of the

respondents are illegal, unlawful & unwarranted under the law
and even against the fundamental rights of the petitioners.

9. That the petitioners are left with no other alternate, adequate,

efficacious or speedy remedy except to invoke the
extraordinary constitutional jurisdiction of this Hon’ble Court
in the particular circumstances.

In view of the above submissions, it is

respectfully prayed that the act of respondents for
sealing the shop occupied by the petitioners may kindly
be declared illegal, unlawful and unwarranted under
law, even effecting the fundamental rights of petitioner;
 and the said shops may graciously be ordered to be de-
sealed.

Any other writ, direction, order or relief, which

this Hon’ble Court deems fit may graciously be
awarded in the interest of justice and equity.

HUMBLE PETITIONERS,

Dated: ________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -

Certified as per instructions of the client,

this is the first petition on the subject matter.
No such petition has earlier been filed
before this Hon’ble Court.

Advocate