IN THE HON’BLE LAHORE HIGH COURT,

LAHORE

W.P NO._________________________/2020

Mr. MUJAHID IQBAL S/O ZULFIQAR ALI, R/o, Shah pur City, District Sargodha.

.....PE
TITIONER

VERSUS

1. The Government of Punjab, through Secretary Revenue department, Lahore.

2. The Board of Revenue, Punjab.

3. The Deputy Commissioner / District Collector, Sargodha.

.....RESPONDENTS

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF

THE ISLAMIC REPUBLIC OF PAKISTAN, 1973.

Respectfully Sheweth:

1. That the addresses of the parties as given in the title of the petition are
correct and sufficient for services of notices on the parties.

2. That the Petitioner is resident of Shahpur City, Tehsil Shahpur, District

Sargodha which is a muncipal committe under the Punjab Local
Government Act, 2013. After promulgation of the Punjab Local
Government Act, 2019, the Act of 2013 was repealed by virtue of section
312 of the Act, 2019,
3. That after promulgation of the Local Government Act, 2019, the Deputy
Commissioner/District Collector, Sargodha issued impugned Notification No.
50-/NTO dated 28-01-2020 with the directions that the provisions of section 42
as well as 42-A of the Land Revenue Act, 1967 would cease to apply for the
notified areas of District Sargodha. Further, the notification has also prohibited
sale/purchase of landed properties/ holding through manual as well as electrocic
mutations except through registered memoranda. (Copy of the impugned

Notification attached as Annexure-A).

4. That the imopugned notification is issued by the Respondent No.3 u/s 3 of the
Land Revenue Act. 1967 and in pursunance of the Notification No.
SOR(LG)6-15/2019/32 dated 07-11-2019 of the Govenment of Punjab, Local
Govt. & Community Development Department, which is illegal, unlawful and
ultra vires to law and the Constitution. (Copy of the Notification dated 07-
11-2019 is attached as Annexure-B).

5. The the impugned Notification dated 28-01-2020 is ultra vires to the law and
the Constitution and have no force of law. It is also pertinent to mention
here that the Additional Deputy Commissioner (Revenue), Sargodha acted
beyond the Notification/ Orders Issued by the Board of Revenue and the
Government of Punjab.

6. That the Govenment of the Punjab, Revenue Department Vide Notification

No. 3357-2019/2-ST(1) dated 10-01-2020 directed that all urban local areas
as defined in section 2 of the Punjab Local Government Act, 2019, shall be
treated as urban areas for the purpose of computation of stamp duty. (Copy

of Notification dated 10-01-2020 is attached as Annexure-C).

7. That subsequent to the above-said Notification dated 10-01-2020 issued by

the Gove. Of Punjab, Revenue Department, the Secretary (Taxes) Board of
Revenue , Punjab further issued a circular dated 21-01-2020 to the effect
that the stamp duty would be chargeable @ 5% as the areas shall be treated
as urban for the purpose of Computation of Stamp Duty. (Copy of Circular
dated 21-01-2020 is attached as Annexure-D).
 6. That the impugned Notification is illegal, ulawful, without jurisdiction and
lawful authority and have been issued against the provisions of the
Constitution of the Islamic Republic of Pakistan, 1973, Hence, not
sustainable in the eyes of lawand the Constitution.

9. That the Hon’ble Supreme Court of Pakistan has laid down that access to
justice is fundamental right. In the case of Mehrim Ali and Others Vs
Federation of Pakistan and other (PLD 1998 SC 1445), it has been held
that an essential feature of such right is determination of any grievance or
dispute by an independent forum.

11. That the petitioner has no other alternative, efficacious and speedy remedy
except to invoke the extraordinary constitutional jurisdiction of this
Hon’ble Court. Therefore the subject petition is competent.

PRAYER:

Under the facts and in the circumstances of the case, it is most humbly prayed that
this petition may graciously be accepted and the impugned Notification dated 28-01-
2020 may very kindly be set aside in the very interest of justice, fair play and equiry.

Any other relief this Hon’ble Court deems fit may also be allowed.

Petitioner

Through:-

(MUHAMMAD TAHIR AMIN)

Advocate HighCourt
CC No.38404-2832042112452

CERTIFICATE

. As per instruction of the petitioner this is the first petition on this issue before this
Honourable court.

ADVOCATE
 IN THE LAHORE HIGH COURT, LAHORE

C.M NO._________________/2020

In

W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

APPLICATION U/S 151 CPC FOR INTERIM RELLIEF.

Respectfully Sheweth:-

1. That the petitioner has filed the titled petition before this Hon’ble Court in which no
date of hearing has been fixed so far.
2. That the contents of main petition may kindly be read as an integral part of this
application.
3. That the petitioner has a very strong prima facie case, the balance of convenience
also lies in its favour.
4. That if the interim relief is not granted to the petitioner, the petitioner shall in all
probability suffer from an irreparable loss and injury.

Under the facts and in the circumstances of the case, it is, therefore, most humbly prayed
that the operation of the impugned notification may kindly be suspended till the decision on
the petition.

PETITIONER

THROUGH:-

COUNSEL
 IN THE LAHORE HIGH COURT, LAHORE

C.M NO._________________/2020

In

W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

AFFIDAVIT OF Mujahid Iqbal son of Zulfiqar Ali r/o circular road, shahpur city, tehsil
shahpur, District, Sargodha.

I, the deponent do hereby solemnly affirm and declare as under:

1. That the averments of the facts made in the accompanying petition are true to the
best of my knowledge and belief and nothing has been concealed thereof.

DEPONENT
VERIFICATION
Verified on oath at Lahore on 30th day of November, 2020 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, LAHORE

W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

APPLICATION U/S 151 CPC FOR INTERIM RELLIEF.

INDEX

S. # DESCRIPTION ANNEX. DATED PAGE #

i. Urgent Form
ii. Copy of NIC of the Petitioners.
iii Court Fee paper/s.

1. Petition alongwith affidavit 01-04

2. Copy of Impugned Notification dated 28-1-20. “A” 05-06

3. Copy of Notification dated 7-11-2020 “B” 08-09

4. Copy of Notification dated 10-01-2020. “C” 10

5 Copy of Notification dated 21-01-2020. “D” 11

6 Disp. Application alongwith Affidavit 12-13

7 Stay Application alongwith Affidavit 14-15

Power of Attorney
Petitioner/s
Through Counsel

(MUHAMMAD TAHIR AMIN)

Advocate HighCourt

IN THE LAHORE HIGH COURT, LAHORE

 C.M NO._________________/2020

In

W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

APPLICATION UNDER SECTION 151 CPC FOR DISPENSING WITH

FURNISHING OF CERTIFIED COPIES OF THE ANNEXURES.

Respectfully Sheweth:

1. That the titled writ petition has been filed in this honorable court today.

2. That at present certified copies of the Annexures are not available. However, un-
certified but true copies of the Annexures are being appended herewith for kind
perusal of this honorable court.

3. That the petitioner undertakes to produce certified copies of the Annexures as

soon as the same are available.

4. That owing to the urgency involved in the matter it is in the interest of justice that
the petition be entertained without certified copies of the Annexure.

It is therefore, respectfully prayed that furnishing of certified copies of the annexures may
kindly be dispensed with for the time being.

Petitioner

Through Counsel

IN THE LAHORE HIGH COURT, LAHORE

 C.M NO._________________/2020

In

W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

AFFIDAVIT OF Mujahid Iqbal son of Zulfiqar Ali r/o circular road, shahpur city, tehsil
shahpur, District, Sargodha.

I, the deponent do hereby solemnly affirm and declare as under:

1. That the averments of the facts made in the accompanying petition are true to the
best of my knowledge and belief and nothing has been concealed thereof.

DEPONENT
VERIFICATION
Verified on oath at Lahore on 30th day of November, 2020 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, LAHORE

 W.P NO._________________________/2020

MR. MUJAHID IQBAL

VS
GOVERNMENT OF PUNJAB, ETC

AFFIDAVIT OF Mujahid Iqbal son of Zulfiqar Ali r/o circular road, shahpur city, tehsil
shahpur, District, Sargodha.

I, the deponent do hereby solemnly affirm and declare as under:

1. That the averments of the facts made in the accompanying petition are true to the
best of my knowledge and belief and nothing has been concealed thereof.

DEPONENT
VERIFICATION
Verified on oath at Lahore on 30th day of November, 2020 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief.

DEPONENT