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IN THE COURT OF SENIOR CIVIL JUDGE, KASHMORE

F.C Suit No. of 2011

Abdul Ghafoor s/o Gohram Khan

By caste Chachar, R/o Sui Gas Mohalla
Kashmore Taluka Kashmore ----------------------------------- Plaintiff

VERSUS

1. Ali Sher Jaffari, Administrator TMA Kashmore

1. D.C.O Kashmore at Kandhkot
2. Province of Sindh, through its Secretary
Local Government, Govt: of Sindh Karachi ----------- Defendants

SUIT FOR DECLARATION

& PERMANENT INJUNCTION

The plaintiffs named above beg to submit as under: -

1. That the suit is not barred by any disabling enactment and no suit
of such nature has been filed earlier.

2. That Plaintiff is Contractor by profession. He resides at above

mentioned address within the territorial jurisdiction of this
Honourable Court.

1. That plaintiff is a Contractor. That defendant No.1 got published a

notice/tender in a newspaper for auction of following contracts for
the year 2011-12.
a) Cattle Market Tax, Town Committee Kashmore
b) Walar Tax/Fee, Town Committee Kashmore
c) Hill Sand Town Committee Kashmore

2. That after publication of above notice time and again the Plaintiff
approached to the defendant No.1 in his office, for obtaining/
receiving application form in order to participate in the open
auction scheduled to be held on 9.6.2011, but he refused to give
the same by saying that as per routine he will give above contract
to his interested person on own wishes.

3. That defendant No.1 is habitual person having intention to loss the

Government treasury and public interest.
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4. That since last year the plaintiff had moved several applications
before the concerned authorities for his grievance in the interest of
society, but all in vain.

5. That defendant No.1 used to auction the said valuable contracts in

locked rooms instead open auction resultantly it causes the huge
loss to the Government and loss of confidence in the eyes of public
towards such public servant.

6. That lastly three days back when Plaintiff approached to defendant

No.1 in his office for the same purpose, who became annoyed and
drove him out of the house, by saying not to come again.

7. That on failure from defendant No.1 the Plaintiff also approached to

the defendant No.2 for the same purpose, but no result.

3. That all the actions of defendants for disclosing the fact that said
auction will not be performed in open, but in the locked rooms to
their own persons, instead of the persons/contractors of general
public are not void and against the provisions of law and natural
justice are null, void and against the provisions of law.

4. That cause of action accrued to the plaintiff, when he approached

to the defendant No.1 in his office, for obtaining/receiving
application form in order to participate in the open auction
scheduled to be held on 9.6.2011, but he refused to give the same
by saying that as per routine he will give above contract to his
interested person on own wishes, when lastly three days back
Plaintiff approached to defendant No.1 in his office for the same
purpose, who became annoyed and drove him out of the house, by
saying not to come again, so also plaintiff approached to defendant
No.2, for the same purpose, but no result, thereafter, accruing day
by day till today.

5. That prior to this plaintiff filed a Human Rights Petition in the

Court of Honourable District & Sessions Judge/Director Board of
Awareness and Human Rights Kashmore at Kandhkot, but the
same was returned to the plaintiff with direction to approach
proper forum.

6. That for the purpose of jurisdiction & Court Fees the Suit is valued
as under:-

A. For declaration Rs.400/-

B. For Permanent Injunction Rs.200/-

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Totaling Rs.600/-, being below from Rs.50,000/- hence the Court fees
are exempted.

7. That the plaintiffs pray for Judgment and decree as under:-

PRAYER

A. This Honourable Court may be pleased to declare that all the

actions of defendants for disclosing the fact that said auction will
not be performed in open, but in the locked rooms to their own
persons, instead of the persons/contractors of general public are
not void and against the provisions of law and natural justice are
null, void and against the provisions of law and further be pleased
to declare that the defendants are binding upon their obligatory
duty to held an open action regarding the said contracts as
mentioned in Para No.______ of the plaint.

B. This Honourable Court may be pleased to issue mandatory

injunction against the defendants for auctioning the said contracts
in an open auction as per highest bid.

C. To award costs of this Suit.

D. To award any relief which this Honorable Court deems fit and
proper under the circumstances of this Suit.

KASHMORE PLAINTIFF
Dated 2011

VERIFICATION

I, Abdul Ghafoor s/o Gohram Khan By caste Chachar, R/o

Sui Gas Mohalla Kashmore Taluka Kashmore on this 2nd day of June,
2011 that whatever stated above is all true and correct to the best of my
knowledge and belief.

I know the deponent DEPONENT

Advocate

LIST OF DOCUMENTS PRODUCED

1) _____________________

2) ____________________

3) ____________________

LIST OF DOCUMENTS RELIED UPON.

 Any other document to prove the case of plaintiff

Advocate for Plaintiff

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IN THE COURT OF SENIOR CIVIL JUDGE, KASHMORE

F.C Suit No. of 2011

Abdul Ghafoor Chachar -------------------------------------------- Plaintiff

VERSUS

Ali Sher Jaffar TMA Kashmore & others ---------------------- Defendants

APPLICATION U/O 39 RULE 1 AND 2 R/W SEC: 151 C.P.C

It is prayed on behalf of the plaintiff that this Honorable

Court may very kindly be pleased to grant temporary injunction against

defendants for auctioning the said contracts in an open auction as per

highest bid, till decision of the Suit, on the consideration of grounds

mentioned in accompanying affidavit.

KASHMORE ADVOCATE FOR PLAINTIFF

DATED 2011
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IN THE COURT OF SENIOR CIVIL JUDGE, KASHMORE

F.C Suit No. of 2011

Abdul Ghafoor Chachar -------------------------------------------- Plaintiff

VERSUS

Ali Sher Jaffar TMA Kashmore & others ---------------------- Defendants

AFFIDAVIT

I, Abdul Ghafoor s/o Gohram Khan By caste Chachar, R/o Sui

Gas Mohalla Kashmore Taluka Kashmore do hereby state on oath at

Kashmore, do hereby state on oath as under: -

1. That I am plaintiff in the above suit and well conversant with its
facts.

2. That the accompanying application U/O 39 Rule 1 & 2 R/W

Section 151 C.P.C has been drafted and filed by me Counsel under
our instructions.

3. That I have got a very good prima-facie case in my favour, balance

of convenience lies in my favour and if the injunction as prayed is
not granted I shall suffer an irreparable loss.

4. That if the injunction application as prayed is not granted the

purpose of filing of this suit would be frustrated.

5. That all the averments of plaintiff be treated as part of this

affidavit.

6. That whatever stated above is all true and correct to the best of my
knowledge and belief.

KASHMORE DEPONENT
DATED 2011

I know the deponent

Advocate